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 68th Session in Geneva from 27 November to 12 December 1997. The Committee has the honour to present its report to the Governing Body.

2. The Committee learned with regret of the death of Professor Roman Zinovievich Livshitz, who had been a member of the Committee since 1993. It wishes to pay tribute to the memory of a man who made an outstanding contribution in the field of labour law and legal theory through his work at the Moscow International (Russian-American) University, and as the Co-Chairman of the Working Group which drafted the Labour Code of the Russian Federation, and as evidenced by his numerous publications.

3. 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, QC (Australia),

Mrs. Ewa LETOWSKA (Poland),

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),

4. The Committee noted with regret that Baron von Maydell and Mr. Uribe Restrepo were not able to participate in its work.

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) information and reports on the 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 144 to 186 below), on the application of Conventions in non-metropolitan territories (see section II and paragraphs 144 to 186 below), and on the obligation to submit instruments to the competent authorities (see section III and paragraphs 187 to 197 below). Part Three, which is published in a separate volume (Report III (Part 1B)) consists of a General Survey on the Vocational Rehabilitation and Employment (Disabled Persons) Convention (No. 159) and Recommendation (No. 168), 1983, 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 67th Session as an observer in the general discussion of the Committee on the Application of Standards of the 85th Session of the International Labour Conference (June 1997). It noted the decision of the above-mentioned Committee again to request the Director-General to invite the Chairman of the 68th 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 86th Session of the International Labour Conference (June 1998). 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 remained unchanged at 174.

New standards adopted by the Conference in 1997 and the coming into force of a Convention

11. The Committee noted that at its 85th Session (June 1997) the International Labour Conference adopted the Private Employment Agencies Convention (No. 181) and Recommendation (No. 188). These new standards revise the Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96).

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

Ratifications and denunciations

13. The list of ratifications by Convention and by country (Endnote 1) indicates a total of 6,390 ratifications as at 31 December 1996. At the end of the Committee's session on 12 December 1997, 80 ratifications had been received from 35 countries, bringing the total to 6,470.

14. The Protocol of 1995 to the Labour Inspection Convention, 1947 (No. 81), has been ratified by Finland and Sweden, and will enter into force on 9 June 1998.

15. Since the Committee's last session, the Director-General has registered ten denunciations accompanied by the ratification of a revising Convention. The Minimum Age (Industry) Convention, 1919 (No. 5), the Minimum Age (Sea) Convention, 1920 (No. 7), the Minimum Age (Agriculture) Convention, 1921 (No. 10), the Minimum Age (Trimmers and Stokers) Convention, 1921 (No. 15), and the Minimum Age (Non-Industrial Employment) Convention, 1932 (No. 33), were denounced by Argentina following ratification of the Minimum Age Convention, 1973 (No. 138). The Minimum Age (Industry) Convention, 1919 (No. 5), was denounced by Bolivia following ratification of the Minimum Age Convention, 1973 (No. 138). The Minimum Age (Industry) Convention, 1919 (No. 5); the Minimum Age (Sea) Convention, 1920 (No. 7); the Minimum Age (Trimmers and Stokers) Convention, 1921 (No. 15); the Minimum Age (Sea) Convention (Revised), 1936 (No. 58), and the Minimum Age (Fishermen) Convention, 1959 (No. 112), were denounced by Denmark following ratification of the Minimum Age Convention, 1973 (No. 138). The Safety Provisions (Building) Convention, 1937 (No. 62), was denounced by Finland following ratification of the Safety and Health in Construction Convention, 1988 (No. 167). The Minimum Age (Sea) Convention, 1920 (No. 7), and the Minimum Age (Trimmers and Stokers) Convention, 1921 (No. 15), were denounced by Malaysia (Sarawak) following ratification of the Minimum Age Convention, 1973 (No. 138). The Minimum Age (Trimmers and Stokers) Convention, 1921 (No. 15), was denounced by Malaysia (Sabah) following ratification of the Minimum Age Convention, 1973 (No. 138). The Minimum Age (Industry) Convention, 1919 (No. 5), and the Minimum Age (Agriculture) Convention, 1921 (No. 10), were denounced by Slovakia following ratification of the Minimum Age Convention, 1973 (No. 138). The Minimum Age (Trimmers and Stokers) Convention, 1921 (No. 15), and the Minimum Age (Sea) Convention (Revised), 1936 (No. 58), were denounced by Cyprus following ratification of the Minimum Age Convention, 1973 (No. 138).

16. With regard to a non-metropolitan territory, the United Kingdom made a declaration on behalf of the Isle of Man of the applicability without modifications of the Labour Relations (Public Service) Convention, 1978 (No. 151).

17. Two denunciations not accompanied by the ratification of a Convention were registered from Chile. The Maternity Protection Convention, 1919 (No. 3), was denounced in accordance with the invitation made by the Governing Body on the basis of recommendations made by the Working Party on the Policy regarding the Revision of Standards for countries having ratified the Maternity Protection Convention (Revised), 1952 (No. 103). The Underground Work (Women) Convention, 1935 (No. 45), was denounced in accordance with the provisions of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), and in keeping with established practice and with the Government of Chile's firm and progressive policy of equality of treatment and non-discrimination between men and women.

18. A denunciation not accompanied by the ratification of a revising Convention was also registered from Finland for the Underground Work (Women) Convention, 1935 (No. 45). The Government stated that the denunciation of the Convention was due to the fact that the provisions of the Convention did not correspond to the Finnish policy on equality between the sexes and to the fact that Finland had ratified the Safety and Health in Mines Convention, 1995 (No. 176), on 23 May 1997. The Finnish National ILO Committee was in favour of the denunciation.

19. A denunciation not accompanied by the ratification of a revising Convention was registered from Peru for the Night Work (Women) Convention, 1919 (No. 4), the Night Work (Women) Convention (Revised), 1934 (No. 41), and the Underground Work (Women) Convention, 1935 (No. 45). The Government stated that these denunciations were approved following Legislative Resolution No. 26726, dated 14 December 1996 and promulgated on 27 December 1996 and resulted from the application of article 2, subparagraph 2, of the Political Constitution of Peru which enshrines "equality before the law, according to which no one shall be the subject of discrimination on the basis of origin, race, sex, language, religion, opinion, economic status or any other grounds". Prior to the decision to denounce, consultations were held on the matter with the social partners.

Constitutional and other procedures

20. 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

21. At the 83rd Session of the International Labour Conference (June 1996), a complaint was submitted by 25 Worker delegates under article 26 of the Constitution concerning the observance by Myanmar of the Forced Labour Convention, 1930 (No. 29). At its 268th Session (March 1997), the Governing Body noted the existence of contradictions between the facts presented in the allegations and those set out in observations made by the Government of Myanmar in its response to the allegations. It therefore decided to establish a Commission of Inquiry composed of Sir William Douglas (Chairperson), Justice P.N. Bhagwati and Ms. Robyn Layton.

22. The first meeting of the Commission took place in Geneva from 9-11 June 1997 and the second meeting took place in Geneva from 17-26 November 1997.

B. Representations submitted under article 24 of the ILO Constitution

Representation concerning Brazil

23. At its 268th Session (March 1997), the Governing Body adopted the report of the tripartite committee set up to examine 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).

Representation concerning Congo

24. At its 268th Session (March 1997), the Governing Body adopted the report of the tripartite committee set up to examine 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).

Representation concerning Denmark

25. At its 268th Session (March 1997), the Governing Body decided that the representation submitted on behalf of the Association of the SiD at Ri-bus in Esbjerg, the Association of Dustmen in Arhus, the Joined Association at Gate Gourmet, the Association of Scaffolders in Arhus, the Joined Pedagogic Associations of Tarnby and Dragor, the Association of Workers of the Danish Socialist People's Party, the National Association of Workers of the Danish Socialist People's Party and the Association of Brewers at the Ceres Breweries in Arhus alleging non-observance by Denmark of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), was receivable. The Governing Body referred the representation to the Committee on Freedom of Association.

Representation concerning Greece

26. At its 268th Session (March 1997), the Governing Body adopted the report of 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).

Representation concerning Hungary

27. At its 270th Session (November 1997), the Governing Body decided that the representation made by the Federation of Workers' Council alleging the non-observance by Hungary of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and the Employment Policy Convention, 1964 (No. 122), was receivable. The Governing Body set up a tripartite committee to examine the representation.

Representation concerning Mexico

28. At its 270th Session (November 1997), the Governing Body decided that the representation made by the Trade Union Delegation, D-III-57, section XI of the National Trade Union of Education Workers (SNTE), Radio Education alleging the non-observance by Mexico of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), was receivable. The Governing Body set up a tripartite committee to examine the representation.

Representation concerning Peru

29. At its 270th Session (November 1997), the Governing Body decided that the representation made by the Confederación General de Trabajadores del Perú (CGTP) alleging non-observance by Peru of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), was receivable. The Governing Body set up a tripartite committee to examine the representation.

Representation concerning the Russian Federation

30. At its 270th Session (November 1997), the Governing Body adopted the report of the tripartite committee set up to examine the representation made by Education International (EI) and the Education and Science Employees' Union of Russia (ESEUR) alleging the non-observance by the Russian Federation of the Protection of Wages Convention, 1949 (No. 95). The Governing Body further requested the Director-General to propose technical assistance by the Office to the Government of the Russian Federation.

Representation concerning Senegal

31. At its 270th Session (November 1997), the Governing Body adopted the report of the tripartite committee set up to examine the representation made by the Syndicat unique et démocratique des enseignants du Sénégal (SUDES) alleging non-observance by Senegal of the Abolition of Forced Labour Convention, 1957 (No. 105).

Representation concerning Spain

32. At its 270th Session (November 1997), the Governing Body decided that the representation made by the General Labour Confederation of the Republic of Argentina alleging the non-observance by Spain of the Migration for Employment Convention (Revised), 1949 (No. 97), the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and the Employment Policy Convention, 1964 (No. 122), was receivable. The Governing Body set up a tripartite committee to examine the representation.

Representations concerning Turkey

33. At its 268th Session (March 1997), the Governing Body adopted the report of the tripartite committee set up to examine 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).

34. At its 270th Session (November 1997), the Governing Body decided that a report on the receivability of the representation made by the Confederation of Turkish Trade Unions (TURK-IS) alleging non-observance by Turkey of the Labour Clauses (Public Contracts) Convention, 1949 (No. 94), should be established in light of further developments in the ongoing procedure and in light of comments made by the Committee of Experts in this report.

Representation concerning Uruguay

35. At its 270th Session (November 1997), the Governing Body adopted the report of the tripartite committee set up to examine the representation made by the Latin American Central of Workers (CLAT) alleging non-observance by Uruguay of the Occupational Safety and Health Convention, 1981 (No. 155).

Representation concerning Venezuela

36. At its 268th Session (March 1997), the Governing Body adopted the report of the tripartite committee set up to examine 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).

Representation concerning the Socialist Federal Republic of Yugoslavia

37. 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 has suspended examination of this representation, pending a possible stance by the United Nations which would make it possible for some defendant to be identified for the purposes of 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.

38. The Committee noted that at the 271st Session of the Governing Body (March 1998), the Governing Body Committee on Legal Issues and International Labour Standards will begin consideration of the possible revision of the procedure governing representations submitted under article 24 of the Constitution taking into account the significant recourse made to that procedure in recent years.

C. Special procedures concerning freedom of association

39. At each of its last meetings (March, June and November 1997), 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 (306th to 308th Reports). Some of these cases have been before the Committee on several occasions. Moreover, since the last meeting of the Committee of Experts, about 50 new cases have been submitted to the Committee on Freedom of Association.

40. The Committee on Freedom of Association drew the attention of the Committee of Experts to the legislative aspects of the following cases: 1773 (Indonesia), 1796 (Peru), 1843 (Sudan), 1862 (Bangladesh), 1872 (Argentina), 1877 (Morocco), 1884 (Swaziland), 1891 (Romania), 1898 (Guatemala), 1899 (Argentina), 1900 (Canada), 1902 (Venezuela), 1904 (Romania), 1921 (Niger) and 1923 (Croatia).

50th anniversary of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and of the Universal Declaration of Human Rights

A. 50th anniversary of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)

41. At its San Francisco Conference, the representatives of governments, employers and workers from the 40 member States which then constituted the International Labour Organization adopted, on 9 July 1948, by 127 votes in favour, zero votes against and 11 abstentions, Convention No. 87 on freedom of association and protection of the right to organize. The celebration of the 50th anniversary prompts the Committee today to assess the impact of half a century of freedom of association protection.

Status of ratifications

42. As of 12 December 1997, Convention No. 87 had been ratified by 120 member States of the ILO. While this is a high number of ratifications, unfortunately it remains insufficient. Since the Committee prepared its sixth General Survey on freedom of association and collective bargaining in 1994, the number of member States has increased from 170 to 174, and the number of ratifications of Convention No. 87 has continued to increase, from 109 to 120. Although the call of the Copenhagen World Social Summit in March 1995 and the repeated action of the Director-General to promote the ratification of the seven fundamental Conventions, including Convention No. 87, by the member States has borne fruit, there remain 54 member States that have not yet ratified the Convention. (Endnote 2) Some are very industrialized countries while others are not. These countries represent a variety of industrial relations systems, some being very advanced while in others there is not even any recognition of the fundamental principles of freedom of association. The Committee must underline in particular that a large number of the most populated countries have not yet ratified this fundamental Convention, affecting more than half of workers and employers worldwide. This gives rise to considerable concern. The Committee, therefore, addresses an urgent appeal on the occasion of this 50th anniversary to those governments that have not yet ratified the Convention to do so. The Committee recalls that freedom of association is an essential objective of the Organization which is recognized in its Constitution and is the basis of tripartism. The Committee stresses in addition that the Declaration of Philadelphia, adopted in 1944 and incorporated into the Constitution two years later, recognizes the clear link between civil liberties and trade union rights in proclaiming that freedom of expression and of association is essential to sustained progress. The Committee, therefore, expresses its firm hope that, in the near future, there will be significant progress regarding the ratification of Convention No. 87.

Progress achieved

43. For the ILO, the ratification of a Convention is only the first step in its implementation; the essential part of the process is clearly its application in law and in practice. Fortunately, a significant number of questions regarding Convention No. 87 that had been the subject of comment by the supervisory bodies of the ILO for many years have been, or are in the process of being, resolved. Over the 50-year period, the Committee has expressed its satisfaction in more than 110 cases with respect to the measures taken by 67 governments from all regions of the world aimed at introducing modifications necessary to improve, in law and in practice, the application of the Convention. During the last decade, the number of cases of progress has increased considerably, growing by more than 60 since 1987.

44. The suppression of a legally imposed trade union monopoly and the abolition of the directing role of the party under the government rule represent without doubt the most frequent cases of progress regarding the application of the Convention during these last years. Other improvements achieved relate to the re-establishment of freedom of association following the lifting of a state of emergency and the return to the rule of law and democracy in countries that had been under dictatorships. There has also been an expansion of the right of association in a number of countries: public employees, nurses, teachers, employees of religious or charitable institutions, fire-fighters, homeworkers, domestic workers, rural workers, seafarers, workers in the informal sector and foreign workers have been granted the right of association that had long been denied them.

45. Other progress is evident in the lifting of restrictions on the right of workers' and employers' organizations to elect their representatives freely. A significant number of legislative changes have been introduced aimed at ensuring that there is no longer undue interference regarding eligibility, election procedures and the discharge of trade union officials. The right of trade unions to draw up their rules and to organize their administration and activities has also been marked by positive developments. In certain countries, the administrative supervision of trade unions has been withdrawn, or wide powers of control or inquiries of the authorities into union activities, trade union meetings or the management of union funds, have been lifted. In some cases, the general prohibition of strikes has been revoked and the penalty of imprisonment for strike-related activities removed. Legal avenues of administrative dissolution have been closed. Private and public sector unions have achieved the right to join federations and confederations. Finally, the right to affiliate with international organizations of their own choosing without interference of the public authorities has been granted to occupational organizations in a number of countries.

46. The Committee can only hope that these favourable developments will continue and grow. This appreciable progress is the fruit, not only of persistent and continual dialogue of the Committee and the tripartite Conference Committee with the governments, but also of the patient work of the Committee on Freedom of Association of the ILO Governing Body. The community of ideas that should flow between the three supervisory bodies will ensure continuing progress.

47. Despite such considerable advances in the implementation of the Convention, serious problems still remain in achieving its full application.

Long-standing difficulties and new obstacles

Trade union monopoly or right to establish the organization of one's own choosing

48. Imposed trade union monopoly was identified during the drafting of the Convention as one of the significant obstacles to freedom of association. It was as clear then as it is today that the right of employers and workers to establish and join organizations of their own choosing is in no way intended to assume a position favouring either the theory of the single organization or that of plurality of organizations, but rather that the choice should rest with those directly concerned. Despite the progress achieved in this area, the problem of trade union monopoly imposed directly or indirectly by law persists in some countries and is, in certain cases, one of the principal obstacles to the ratification of Convention No. 87. Legislatively imposed trade union monopolies have forced some independent trade unions underground or into exile. In other cases, it has been observed that some organizations which worked within the framework of a monopolistic system, have later been dissolved by administrative authority and their leaders arrested and detained for pursuing their members' interests in a manner independent of the government authorities. Such situations reinforce the continuing relevance of the 1952 International Labour Conference resolution concerning the independence of the trade union movement and the fundamental importance of ensuring a labour relations system which allows for trade union pluralism, if desired by those concerned.

Restrictions for certain categories of workers and sectors of activity

49. At the time of the adoption of the Convention, public servants were restricted with respect to their right to organize in several regions of the world. It was therefore clearly indicated in the travaux préparatoires that the guarantee of the right of association should apply to all employers and workers in the public or private sectors including public servants and high-level officials as well as workers in state-owned industries. While, as noted above, several countries have since guaranteed the right to organize to public servants, this right remains restricted in a number of member States and has been cited by some of them as an impediment to ratification. Furthermore, the right to organize of all workers without distinction whatsoever continues to raise difficulties in some countries which still limit this right for agricultural workers, domestic workers, seafarers, fire-fighters, prison staff and sometimes for foreign workers.

The right to strike

50. Restrictions continue to be placed on the means which can be used by workers' organizations for the furtherance and defence of their members' interests. This is particularly flagrant with respect to the right to strike. In some countries this right is still subject to a general prohibition or is prohibited in a large number of sectors which cannot be considered essential. Some legislation grants broad powers to public authorities to impose compulsory arbitration or imposes excessive conditions rendering strikes virtually impossible. Moreover, sometimes such legislation also imposes penal sanctions for legitimate and peaceful strike action.

The significance of freedom of association in a globalizing world economy

51. In the last decade, new situations have given rise to restrictions in respect of freedom of association for certain workers. The most notable of these concerns the creation of export processing zones. In several countries EPZs are either explicitly excluded from national labour legislation or are covered by specific regulations expressly excluding the right to organize and/or the right to strike. Unfortunately, the number of workers in EPZs affected by such legislation is increasing given the current practice of competitive economies within the context of globalization.

52. The globalization of trade also renders restrictions on trade union affiliation and restrictions concerning nationality for election to trade union office all the more disturbing. Even though there is an increasing number of migrant workers around the world, their right to organize and the possibility for their election to posts within the union leadership are called into question in certain countries. Such restrictions have been invoked by certain governments as an obstacle to the ratification of the Convention.

53. Finally, the world labour market also highlights the relevance of the right to affiliate to an international organization of employers or workers. Representation at the international level with a global perspective has always been of fundamental importance to the trade union movement. Thus, when taking into account the increased vulnerability of displaced workers, as well as the complexity of legal and social issues to be faced by multinational enterprises, the right to affiliate to international organizations is more important than ever and every effort must be taken to guarantee respect for it.

54. While globalization and its repercussions on trade union rights could not be foreseen at the time of adoption of Convention No. 87, the Committee has not ceased to recall the universal nature of the standards laid down in the Convention.

55. In conclusion, the Committee welcomes the considerable progress made since the adoption of Convention No. 87 towards ensuring the respect of its provisions. While noting that, in several cases, results have been obtained with the technical assistance of the Office and given that there are important obstacles remaining to the full application of the Convention, the Committee invites the governments concerned to avail themselves of such technical assistance in order to identify the problems hindering the application and/or the ratification of the Convention, thus exploring new approaches towards the resolution of these problems.

B. 50th anniversary of the Universal Declaration of Human Rights

56. The year 1998 is also the 50th anniversary of the Universal Declaration of Human Rights, which was adopted on 10 December 1948, a few months after Convention No. 87. The Universal Declaration is now considered to reflect customary international law. It is generally accepted as a point of reference for human rights throughout the world, and as the basis for most of the standard setting that has been carried out in the United Nations and in many other organizations since then.

57. The ILO's standards and practical activities on human rights are closely related to the universal values laid down in the Declaration, and are entirely consistent with it. Except for the Forced Labour Convention, 1930 (No. 29), all of the ILO's fundamental human rights Conventions were adopted either at the same time as the Declaration or in the years closely following it, and all are in conformity with the philosophy and principles laid down in that important document.

58. Most important, the ILO's standards on human rights along with the instruments adopted in the UN and in other international organizations give practical application to the general expressions of human aspirations made in the Universal Declaration, and have translated into binding terms the principles of that noble document. The Universal Declaration reflects in turn many of the principles laid down in the ILO's own Declaration of Philadelphia adopted in 1944 and incorporated into the Constitution of 1946. The fact that the ILO instruments on the human rights that fall within its mandate have been so widely ratified is further evidence of the degree to which they reflect the universal values laid down in the Declaration.

59. It is not only those instruments which the ILO has designated "human rights" which apply the precepts of the Universal Declaration. Clearly Article 4 of the Universal Declaration on slavery and servitude is implemented under the ILO's Conventions on forced labour, and the prohibition of discrimination in Article 7 finds application in ILO standards on discrimination in employment and occupation. The statement in Article 23, paragraph 4, that "Everyone has the right to form and to join trade unions for the protection of his interests" relates even more directly to the ILO's standards on freedom of association. The Universal Declaration also brings into the sphere of human rights many of the subjects that the ILO has dealt with in its own framework of "social justice", including the right to social security in Article 22, the right to decent conditions of work in Article 23, the right to rest and leisure and a limit on working hours and holidays in Article 24, and other rights.

60. The Committee therefore reaffirms its appreciation of the important step taken by the United Nations in 1948 when it adopted the Universal Declaration, and celebrates the impact this document has had on the achievement of human rights and social justice in the world since then. The Committee will continue, as it always has done, to keep the Universal Declaration's precepts in mind as it carries out its own tasks.

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

A. United Nations treaties concerning human rights

61. The Office regularly sends written reports and submits oral information, in accordance with existing arrangements with each one of them, to the various bodies responsible for the application of United Nations Conventions that are relevant to the ILO's mandate. These bodies constitute the supervisory machinery established by the United Nations to examine reports which governments are required to submit at regular intervals on each of the UN treaties 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 actively in the 16th (April-May 1997) and 17th (November-December 1997) Sessions of the Committee on Economic, Social and Cultural Rights, presenting reports on six countries at each session.

- International Covenant on Civil and Political Rights: reports were presented on six countries for the 59th (March-April 1997), on five countries for the 60th (July-August 1997), and on six countries for the 61st (October-November 1997) Sessions of the Human Rights Committee.

- Convention on the Elimination of All Forms of Discrimination against Women: a report on ten countries was submitted for the 17th (July 1998) Session of the Committee on the Elimination of Discrimination against Women which has now changed to a cycle of two sessions per year.

- International Convention on the Elimination of All Forms of Racial Discrimination: reports were presented to the 50th (March 1997) and 51st (August 1997) Sessions of the Committee on the Elimination of Racial Discrimination on five and 13 countries respectively, and the Office had contacts with CERD members during the UN Training Course on National Legislation and Racial Discrimination (June 1997).

- The Office was represented at the eighth meeting of chairpersons of UN treaty bodies (September 1997) and made a statement concerning closer cooperation between the UN treaty bodies and the ILO's reporting, in particular concerning better use of the information provided in the ILO reports.

62. In accordance with Article 45 of the United Nations Convention on the Rights of the Child, the Office was represented at the 14th Session (6-24 January 1997), 15th Session (20 May-6 June 1997) and 16th Session (23 September-10 October 1997) of the Committee on the Rights of the Child. At 12 December 1997, only the United States and Somalia have not ratified this instrument. Following usual practice, the Committee examined the first reports of the following countries: Bulgaria, Ethiopia, Myanmar, New Zealand, Panama, Syrian Arab Republic (14th Session); Algeria, Azerbaijan, Bangladesh, Cuba, Ghana, Paraguay (15th Session); Australia, Czech Republic, Lao People's Democratic Republic, Togo, Trinidad and Tobago, Uganda (16th Session). The Committee invited States which have not ratified the Minimum Age Convention, 1973 (No. 138), to do so, and certain States (Ghana, Lao People's Democratic Republic, Panama, Trinidad and Tobago, Uganda) indicated their intention to study the possibility of ratifying this instrument in the near future. In addition, the Committee invited States which it had found to be experiencing difficulties in areas falling within the ILO's competence to request assistance of the Office. This information has been communicated to the competent departments at headquarters and in the regions in order to be taken into consideration.

63. 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

64. 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 18 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 Ms. Morales, Administrator of Social Security. The conclusions of the Committee regarding these reports will be sent to the Council of Europe.

65. In addition, a representative of the ILO took part, as technical adviser, in the meeting of the European Committee for Social Security of the Council of Europe (Strasbourg, May 1997). As in previous years, the European Committee approved the conclusions of the Committee of Experts.

66. Finally, the Committee was informed that the Netherlands had denounced, with effect from 17 March 1998, Part VI (Employment injury benefit) of the Code, as amended by the Protocol.

C. European Social Charter and Additional Protocol

67. In accordance with Article 26 of the European Social Charter, a representative of the ILO participated during the course of 1997 in an advisory capacity in several sessions of the Committee of Independent Experts set up to supervise the application of the Charter.

68. Furthermore, since the Committee's last meeting, Poland has ratified the European Social Charter. Ireland and Poland have ratified the Protocol amending the European Social Charter; Italy and Norway have ratified the Additional Protocol to the European Social Charter providing for a system of collective complaints.

Collaboration with other international organizations

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

69. 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.

70. Thus, in accordance with established practice, copies of the reports received on the Indigenous and Tribal Populations Convention, 1957 (No. 107), and on the Indigenous and Tribal Peoples Convention, 1989 (No. 169) 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 and to the United Nations Centre for Human Rights. Copies of reports on the Radiation Protection Convention, 1960 (No. 115), were transmitted to the International Atomic Energy Agency (IAEA). Copies of reports on the Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117), were sent to FAO, UNESCO and the United Nations. Copies of reports on the Rural Workers' Organisations Convention, 1975 (No. 141), were forwarded to FAO and the United Nations. Copies of reports on the Human Resources Development Convention, 1975 (No. 142), were sent to UNESCO. Copies of reports on the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147), were forwarded to the International Maritime Organization (IMO). A copy of a report on the Nursing Personnel Convention, 1977 (No. 149), was transmitted to WHO.

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

Matters relating to human rights

72. 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 theme 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 universal ratification of international human rights treaties and to the Copenhagen Programme of Action's call for 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 ILO has taken measures to implement the conclusions of all of them through its usual means of action, including standard setting and monitoring, technical cooperation, research, advisory services, information dissemination, seminars, workshops, publications and other promotional activities as outlined above.

73. The Committee recalls that the Governing Body decided, at its March-April 1995 session, to collect information on the ratification situation of the seven ILO Conventions dealing with fundamental human rights (Conventions Nos. 29 and 105, 87 and 98, 100 and 111, and 138) and, at its subsequent sessions, examined reports collating the replies of member States to the Director-General's letter calling for their universal ratification. This ongoing campaign has been very successful, with more than 70 new ratifications or confirmations of obligations previously applicable. The campaign continues, and the Office has been notified that a number of other ratifications are likely in the near future. In this regard, the Office has provided a significant amount of technical assistance to member States and to the other constituents, either through the multidisciplinary teams or directly from Geneva. The Committee hopes that the governments concerned will continue to make efforts to ratify these fundamental Conventions, and that the Office will continue to provide whatever assistance is necessary in this respect.

74. The ILO has been asked to contribute, along with other parts of the United Nations system, to a review of the progress accomplished by the ILO in the five years since the World Conference on Human Rights, referred to above, in implementing the Vienna Declaration and Programme of Action. This information is to be submitted to the Commission on Human Rights, ECOSOC and the General Assembly in 1998, and is being prepared in cooperation with the United Nations Office of the High Commissioner for Human Rights (formerly the UN Centre for Human Rights).

75. In the context of strengthening its technical advisory services on human rights, the Office has maintained collaboration with the UN's work through the Office of the High Commissioner for Human Rights. The Office has responded with written replies to the numerous requests for information received from the High Commissioner for Human Rights. It has also - through its International Training Centre, Turin - taken part in UN workshops on international human rights instruments reporting and has participated in joint briefing sessions with other United Nations agencies for country or thematic rapporteurs.

76. The Committee notes that in February 1997, the Office organized the first of what is contemplated as an annual series of briefings on the ILO's human rights work, immediately before the session of the United Nations Commission on Human Rights. The persons responsible for human rights questions in the missions in Geneva were invited, and more than 80 missions were represented. The Committee welcomes this effort to make the ILO's work on human rights better known, and welcomes the effort to incorporate ILO human rights concerns into the work of other international organizations.

77. 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 Office of the High Commissioner 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 relevant ILO standards, in particular the Indigenous and Tribal Peoples Convention, 1989 (No. 169). The ILO is also continuing its work, in conjunction with the ILO's San José Office, on the indigenous segment of the Guatemalan Peace Plan, signed in Oslo in 1994.

78. 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 employers' and workers' education and training.

79. The Committee notes with interest that, at its 270th Session (November 1997), the Governing Body decided to include on the agenda of the 86th Session of the Conference (June 1998) an additional item relating to the "consideration of a possible ILO Declaration of principles concerning fundamental rights, and its appropriate follow-up". The Committee has always welcomed any measures that would strengthen the ILO's ability to promote and protect the fundamental human rights which lie within its mandate, and to help member States to move towards the ratification of the ILO's Conventions on these subjects. The Committee considers that it may itself have a positive role to play in this regard, and looks forward to learning of the decisions which will be taken by the Governing Body and the International Labour Conference.

Questions concerning the application of Conventions

Application of the Conventions on labour inspection

80. Labour inspection should play an important role in the observance of fundamental rights such as the abolition of forced labour, including forced child labour, the application of provisions regarding minimum age for admission to employment or work of children, and non-discrimination in employment and occupation. An effective labour inspection should be an essential factor in the protection of the most vulnerable workers and for detecting clandestine labour. The Committee has emphasized inter alia in regard to the application of the Forced Labour Convention, 1930 (No. 29), that labour inspection should ensure compliance with the prohibition of forced labour and requested certain governments to supply detailed information, including on inspections conducted, violations recorded and proceedings engaged. The Committee invites governments to note in the official labour inspection reports breaches of national legislation and international labour standards concerning the application of Conventions on fundamental rights with a view to permitting a better appreciation of the effective application in practice of these Conventions.

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

81. This year the Committee has concluded its examination of the application of the Convention during the period 1994-96 in 65 States and six non-metropolitan territories. In carrying out its task, it has again received the indispensable support of the ILO Employment and Training Department as well as substantial contributions, in the last two years, from the employment specialists of multidisciplinary teams. It notes with particular interest the information given by the Governments of China and India to the Conference Committee, that the ratification of the Convention by these countries was planned.

82. The Committee's examination of the reports and communications from employers' and workers' organizations has led it, in almost every case, to make individual comments, in the form of observations reproduced in the second part of this report, or direct requests. The reason for this is that the nature of the commitments made by the States which have ratified the Convention requires a continuing dialogue on the policies and measures adopted so as to ascertain whether those commitments are seriously pursued. An assessment of the manner in which an active policy to promote full, productive and freely chosen employment is declared and pursued, and in which the measures taken for that purpose are determined and kept under review within the framework of a coordinated economic and social policy, calls for a dynamic approach: the success of an employment policy which is consistent with the Convention depends to a large extent on adaptation to meet constantly changing circumstances. The Committee notes in this connection that, in the cases where the Governing Body has had to examine representations under article 24 of the Constitution alleging non-observance of the Convention, it has invariably asked for its recommendations to be followed up under the regular article 22 supervisory procedure. Furthermore, the treatment of the representations by the tripartite committees set up to examine them confirms the Committee's approach. The Committee welcomes this further confirmation of the complementarity of the various bodies concerned with the application of a Convention which addresses one of the major priorities of the ILO. It is with the same intent, and in order to nurture the constructive dialogue that it has established with the Conference Committee, that the Committee wishes to draw attention to the main lessons it draws from its examination of the reports.

83. There is no doubt but that economic globalization continues to have a profound impact on the formulation and application of an active employment policy in all countries which have ratified the Convention. In several developing countries the problems caused by structural adjustment and demographic growth are compounded by indebtedness. In Africa in particular, several governments state that the conditions created by structural adjustment are such that they are no longer able to apply a real employment policy, whereas such a situation in fact makes the need for such a policy even more imperative, in order at the very least to attenuate the negative effects of adjustment on employment and living standards. As for countries in transition to a market economy, some in Central and Eastern Europe especially appear to have overcome the recessive phase of transition: their problems and the policies they are conducting in the framework of the application of the Convention are coming increasingly to resemble those of industrialized market economy countries. In other countries in transition, however, despite the adoption of legislation establishing the right to work, the low unemployment rates recorded still mask large-scale underemployment in various forms. As for the Member States of the European Union, the available information seems to imply that attaining the objectives of the Convention will depend to a large extent on the as yet unknown impact of the expected developments in budgetary and monetary policy, and efforts to bring about a return to sustained economic growth. In this connection, the Committee pointed out that, under the terms of the treaty signed on 2 October 1997 in Amsterdam, the Member States of the European Union "shall regard promoting employment as a matter of common concern". It expresses the hope that their concern for the establishment of a single currency will not divert attention from the objectives of the Convention.

84. By concentrating, sometimes exclusively, on the description of active labour market policy measures, many governments would appear to be in danger of overlooking the fact that the major goal of full employment must be at the core of all economic and social policy and that, as the Governing Body pointed out when it adopted the revised report form for the Convention, an active employment policy involves other aspects of government action than those for which the Ministry of Labour has responsibility. Furthermore, it would be a mistake to regard the Convention only as an instrument to combat unemployment: in Article 1, by assigning to States parties the threefold objective of full employment, productive employment and freely chosen employment, the Convention is more demanding - even if it is left to each government, in consultation with the persons affected, to determine the measures needed to meet that objective.

85. It is in the light of this threefold objective that labour market policy measures must be evaluated so that any necessary adjustments can be made. In its examination of the reports on the application of the Convention, the Committee has noted in particular the risks inherent in some of these measures. The undue perpetuation of youth employment programmes or programmes for the long-term unemployed could lead to the development of a distinct "secondary" labour market with lesser conditions. The same is true of systematic incentives to withdrawal from the labour market. The examination of the reports and the information available shows that unemployment rates are lowest in the countries with the highest activity rates. The generalization of measures such as involuntary early retirement or measures which would indirectly have the effect of dissuading women from seeking employment would similarly be incompatible with the objectives laid down in Article 1. In this context, too extensive a definition of disability for the purpose of establishing entitlement to invalidity pensions would also be contrary to the principles of the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159), for as the Committee emphasizes in this year's General Survey of this instrument, the objective should be to enable disabled people too to find suitable employment. Attempts to find new sources of job creation in personal services for needs not yet covered, referred to by several governments, must also be viewed with caution: they should not have the effect of confining part of the active population to low-skilled, poorly paid, low-productivity jobs.

86. It is not the Committee's intention that the above remarks should be taken negatively. In many cases it has noted real progress, as can be seen from the observations in the second part of the report. It has also noted, in several of its comments, the significant contribution of ILO technical cooperation to the formulation of employment policy and its implementation. The Committee is fully aware of the growing difficulty of giving effect to the Convention and the determined efforts needed to ensure that it is fully applied, especially at a time when large structural changes take place. But full, productive and freely chosen employment will, for a long time yet, remain an essential dimension of the public interest, which is the responsibility of any democratic government.

Application of Conventions on child labour

87. The Committee, in the general observation on Convention No. 138 made at its November-December session in 1995, noted the growing interest in and concern over child labour among ILO constituents and the call for ILO action including in the field of the application of standards. It notes now that there have since been developments in the ILO's activities on different fronts. These include: the procedure initiated for the elaboration of new instruments on child labour through discussions at the International Labour Conference in 1998 and 1999; the International Programme on the Elimination of Child Labour (IPEC) which has been expanding in number of participating countries as well as donor countries and also the volume and range of its activities; ILO participation in several international conferences concerning child labour (for instance, Amsterdam in February, Oslo in October 1997), at each of which the importance of the ILO's standard setting was highlighted.

88. The Committee hopes that the supervisory activities of international labour standards regarding child labour will also contribute to national and international endeavours to eradicate child labour in practice through various measures, including the effective enforcement of appropriate legislative provisions. It is in this hope that the Committee has recently been raising questions on the application in practice of the Conventions on minimum age, even where national laws and regulations ensure legislative conformity with the provisions of the Conventions.

89. As to the sources of information on the application in practice of the minimum age Conventions, the Committee notes that sometimes the actual existence of children working in contravention of both the national law and international labour standards does not appear anywhere in the labour statistics or official records of labour inspection. It has noted this on several occasions when indications of the practice of child labour are supplied by governments to the United Nations Committee on the Rights of the Child. The Committee has also observed that only a few comments have so far been received from employers' and workers' organizations concerning the application of Conventions relating to child labour.

90. The Committee is concerned at this lack of information, especially, reliable data, which may suggest a lack of adequate monitoring by States of the existence and extent of child labour. It is also concerned that the failure of employers' and workers' organizations to make comments may allow the situation to remain uncorrected. The Committee would therefore encourage the increased involvement of all ILO constituents in overseeing the application of Conventions relevant to child labour, and in particular those concerning minimum age.

91. Recalling nonetheless the responsibility of governments to ensure the application of ratified Conventions in both law and practice, the Committee draws their urgent attention to the importance of effective enforcement of national legislation giving effect to these Conventions. It urges the governments to take all necessary measures for this purpose in cooperation with the social partners and, where appropriate, other bodies active in the field, such as non-governmental organizations, and to supply information on the action taken and results achieved.

Application of Conventions in export processing zones and enterprises

92. In its last report, the Committee noted with interest that a Special Action Programme had been created to consider labour and social issues relating to export-processing zones, and that it would be looking into various aspects of the application of basic human rights and other Conventions in the zones. The Committee now notes that the Action Programme has pursued its work during the past year, with particular attention to questions of labour relations, workers' organizations and the position of women workers. The Action Programme is expected to conclude with a tripartite meeting toward the end of 1998.

93. The Committee looks forward to learning of the findings and conclusions of the Action Programme, in particular so far as the clarification and guarantee of the implementation of ratified Conventions in the zones is concerned. In the meantime, the Committee has taken careful note of the views expressed in the Conference Committee on this subject and has continued to take into account particular information received from governments as to the application of individual Conventions. It hopes both that governments concerned will continue to supply details in this respect and that employers' and workers' organizations will communicate their own observations whenever appropriate.

III. Action concerning the elimination of forced labour

Special reports on the Forced Labour Convention, 1930 (No. 29), and the Forced Labour (Indirect Compulsion) Recommendation, 1930 (No. 35), and on the Abolition of Forced Labour Convention, 1957 (No. 105), from countries that have not ratified them

94. The Governing Body decided at its 264th Session (November 1995), in the context of its discussion of the strengthening of the ILO's supervisory machinery, that the special procedure under article 19 of the Constitution for the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), would be extended to all seven basic human rights instruments. This is the first time this procedure is being used. Under it reports were requested this year from all countries which had not yet ratified the Forced Labour Convention, 1930 (No. 29), or the Abolition of Forced Labour Convention, 1957 (No. 105). (Reports will be requested annually, in turn, on Conventions Nos. 87 and 98 in 1998, on Conventions Nos. 100 and 111 in 1999, and on Convention No. 138 in 2000, and in 2001 the rotation begins again.) This procedure is intended to allow an examination outside the context of the General Surveys also conducted under article 19 of the Constitution, of the obstacles to ratification of these fundamental instruments, the prospects for their ratification, and the difficulties encountered in the absence of ratification. The present examination will also cover recent trends in the fields covered by these instruments, in national law and practice.

95. This procedure is conducted in parallel to the campaign launched by the Director-General in May 1995 for the ratification of these seven fundamental Conventions. It therefore takes account also of the information furnished in response to that campaign.

A. Ratification of the forced labour Conventions

96. These two Conventions are among the most widely ratified of all ILO Conventions; and indeed are among the most highly ratified of all the human rights Conventions adopted by the United Nations system. Convention No. 29 has now received 143 ratifications, and Convention No. 105 has received 129. This includes several countries which have undertaken obligations under these instruments since the ratification campaign was launched in May 1995, either by ratification or by confirming obligations applicable to them before they became independent States. These countries are the following:

- Convention No. 29: Botswana, El Salvador, Estonia, Georgia, Former Yugoslav Republic of Macedonia, South Africa, Turkmenistan and Uruguay.

- Convention No. 105: Albania, Belarus, Botswana, Burkina Faso, Croatia, Czech Republic, Estonia, Georgia, Mauritania, Slovakia, Slovenia, South Africa, Turkmenistan and United Arab Emirates.

97. These new ratifications, and the information spelled out below for the countries which are in the process of ratifying these instruments, indicates that it is possible for all countries to ratify these Conventions, which are among the most fundamental of all the instruments adopted by the ILO.

Information available

98. Reports were received from 13 of the 31 non-ratifying countries for Convention No. 29, and from 16 of the 46 non-ratifying countries for Convention No. 105 (see list in the Appendix). Information was also available from the responses to the ratification campaign on a number of other countries' intentions with regard to these instruments, as indicated in the table, so that in all information is available on 23 countries for Convention No. 29, and on 38 countries for Convention No. 105. There are a few countries for which no information is available from either source, and which have not ratified one or both of these instruments: Convention No. 29: Bolivia, Equatorial Guinea, Eritrea, Gambia, Malawi, Republic of Moldova; Convention No. 105: Bosnia and Herzegovina (report received which contained no information), Congo, Eritrea, Gambia, Lesotho, Malawi, Solomon Islands and Tajikistan.

99. When the Governing Body adopted this procedure, it contemplated information being submitted also by employers' and workers' organizations under article 23(2) of the Constitution. However, no information has been received from any employers' or workers' organization under the present procedure. It is of course up to these organizations whether they consider it useful to submit such information. The Committee must note however that in its absence, it has more restricted possibilities of examining the consequences that the lack of ratification may have had in the countries concerned, or of taking into account any views these organizations might have on the reasons put forward by the government for not ratifying. It hopes that these organizations will examine the utility of making reports under article 23(2) on future occasions.

Ratification prospects

100. Several governments have indicated that ratification is under way, and may be expected soon: Convention No. 29: Oman, Turkey, Uzbekistan and Zimbabwe; Convention No. 105: Kyrgyzstan, Lao People's Democratic Republic, Romania and Togo. Others have mentioned that preparations are well under way, and that the governments are working with the intention of ratifying shortly: Convention No. 29: Mongolia (sees no difficulty for ratification once the necessary preparatory work has been done); Rwanda (approval of ratification by the competent authority is awaited); Convention No. 105: Chile (a study has shown that the legislation is in line with the Convention and a bill for ratification will shortly be submitted to Parliament); Mongolia (as for Convention No. 29).

Obstacles to ratification mentioned by governments

101. Most of the governments from which information has been received have provided very summary information.

102. The following countries have indicated simply that they are examining ratification, with no indication being given of any difficulties they may be encountering: Convention No. 29: Armenia, Ethiopia, Latvia, Namibia, Philippines, Qatar, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Sao Tome and Principe; Convention No. 105: Armenia, Bahrain, Cambodia, Ethiopia, Japan, The former Yugoslav Republic of Macedonia, Myanmar, Nepal, Qatar, Saint Kitts and Nevis, Saint Vincent and the Grenadines, and Uzbekistan.

103. Several others have provided general indications that legislation needs to be brought into line with Convention No. 105 before ratification, but without giving more precise information: Azerbaijan, Indonesia, Madagascar, Namibia and Ukraine. Other countries have stated that the Office's assistance is desired in the examination of the national law and practice, in order to make a decision on ratification: Convention No. 29: Armenia, Republic of Korea (a national seminar is now being planned with the Office's assistance); Convention No. 105: Armenia, Russian Federation.

104. Other countries have mentioned more substantial problems in the way of ratification. These fall into several categories.

105. Convention No. 29: Ratification of Convention No. 105 considered sufficient. At an earlier stage of the ratification campaign, Canada had indicated that it considered that having ratified Convention No. 105, it was not necessary to ratify Convention No. 29. After discussions with the Office, the Government has now undertaken a serious examination of ratification of this Convention, and has posed some technical questions to the Office in relation to prison labour in particular (see below). Mozambique has replied in the same sense as Canada's original objection. The Committee points out, as it has done on previous occasions, that the two Conventions are complementary. While Convention No. 105 is the more recent instrument, it builds on the foundation laid down by Convention No. 29 to prohibit forced or compulsory labour in certain specific instances. Convention No. 29, on the other hand, lays down a general prohibition on forced and compulsory labour, admitting only a few exceptions. Generally speaking, a country which has already ratified Convention No. 105 should have fewer problems ratifying Convention No. 29, than if it has not previously ratified either Convention, as certain common basic standards and practices are likely already to be in place.

106. Work as a condition for receiving benefits. One country (Canada) has posed the question of whether a requirement that unemployed people perform some kind of work as a condition for receiving benefits, might constitute forced labour within the sense of Convention No. 29. The Committee recalls that the Convention defines forced or compulsory labour as "all work or service which is extracted from any person under the menace of any penalty"; as the Committee pointed out in its 1979 General Survey on this subject, the penalty "might take the form also of a loss of rights or privileges" (General Survey, paragraph 21). A basic distinction may thus be drawn between two situations. If, as in most countries, unemployment and other benefits are contingent upon the recipient having worked or contributed to an unemployment insurance scheme during some minimum period, and the length of time during which benefits are paid is linked to length of time the person concerned worked, then to impose after the fact an additional requirement of having to perform work to receive these benefits would constitute compulsory labour on pain of losing benefits to which the person was entitled. However, if the benefits concerned are not an entitlement based on previous work or contributions, but a social measure granted to unemployed persons on purely social grounds, then the requirement to perform some work in exchange for the allowance would not in itself constitute forced or compulsory labour in the sense of the Convention. Nevertheless, as indicated by the Governing Body committee examining a representation under article 24 of the Constitution in its report adopted in November 1997, if the allowance paid were to constitute an excessively low level of remuneration for the work involved, the scheme could be tantamount to exploiting constraints by offering people who had no other options, employment on terms that would not normally be acceptable (GB.270/15/3, November 1997).

107. Requirement to work overtime. Both Canada and Turkey posed the question of whether a requirement to work overtime was an infringement of Convention No. 29. The Committee considers that the imposition of overtime does not affect the application of the Convention so long as it is within the limits permitted by the national legislation or collective agreements.

108. Convention No. 105: Required public service. The Government of Sri Lanka considers that some legislative provisions appear to be in contradiction to Article 2, paragraph 1(b), of Convention No. 105. Under the Compulsory Service Act (No. 70 of 1961) the State requires doctors trained at public expense to serve in public hospitals. The Government states that this was necessary in the past to compensate the lack of qualified personnel in order to achieve development objectives; but that the position at present is that "the State has recruited the full cadre of required medical practitioners" and those who graduate from the medical college "have to seek employment on their own". Recalling that the same legislation have been the subject of comments for some time under the Forced Labour Convention, 1930 (No. 29) ratified by Sri Lanka, and noting the Government's indications in its reports under that Convention that the Act was not being implemented, the Committee trusts that it will soon be repealed, so as to bring the law into conformity with Convention No. 29, as well as with actual practice. The Committee notes with interest from the Government's report under article 19 that Convention No. 105 is being considered for ratification by the National Tripartite Committee for International Labour Standards. The Government of Viet Nam indicates that the low level of social, economic and educational development in the country leaves it with a need to mobilize the population to resolve the resulting problems. There are thus some forms of obligatory public work and service obligations in force. The Government states that it will consider ratification of both these Conventions when it is appropriate. The Government of Nepal indicates that while there are no legislative barriers to the ratification of these two instruments, there does exist a system in practice by which "landless peasants" are mobilized for development. The Government states that measures have been taken to eliminate this system by providing training for productive employment, and that it hopes to be able to ratify these instruments in the near future, when this phenomenon has been eliminated.

109. The Committee can only note in these cases, as it has in others, that Convention No. 105 prohibits recourse to forced and compulsory labour for development purposes. It notes that these governments acknowledge that this practice is incompatible with ILO standards, and that they are moving toward a situation in which recourse to this form of work will not be used. The Committee points out that this is not simply a technical matter of compliance with specific standards, but an issue of the means that are both acceptable and useful for national development. The experience of almost all countries in the world is that forced and compulsory labour is not in fact a productive way in which to develop, and that no exceptions to universally recognized human rights need to be sought in the name of development. The Committee urges these countries to have resort to international assistance, should this prove necessary, to find alternatives to forced labour for development purposes.

110. Political opinion and social order. Both Malaysia and Singapore have denounced Convention No. 105, and both have indicated that they do not intend to renew their ratifications. Singapore has indicated that the Committee of Experts should understand the need to combat subversion and to maintain racial harmony and security. Malaysia has stated that since the basic differences in perception between the country and the ILO, which led it to denounce the Convention several years ago, have not changed it also does not envisage renewing ratification. The Committee notes these statements. It considers, as it always has done, that it is not necessary to use prison sentences, especially those involving compulsory labour, to maintain public order, racial harmony and national security. Convention No. 105 was adopted specifically to guarantee freedom of political opinion and speech, inter alia, within the normal bounds of democracy, by discouraging governments from using methods that are unnecessarily repressive of fundamental human rights, to achieve worthy social goals. The Committee recalls also that the ILO's fundamental human rights Conventions in particular are applicable equally to all States; and that while it has often expressed its understanding of the difficult path toward national development, the requirements of these Conventions are not subject to interpretation in this sense.

B. Collaboration with other international organizations

111. The Committee refers regularly in its General Report, and in comments on the application of a number of Conventions, to the findings of other supervisory bodies of the United Nations system and to other forms of collaboration with them (see paragraphs 69 to 79). This exchange of information and expertise is particularly close in relation to the instruments on fundamental human rights, including those on forced and compulsory labour. This is made manifest in a resolution adopted in August 1997 by the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities, when examining the report of its Working Group on Contemporary Forms of Slavery. In paragraph 64 of resolution 1997/22, the Sub-Commission: "Recommends that the Committee of Experts on the Application of Conventions and Recommendations of the International Labour Organization ... give particular attention in their work to the implementation of the provisions and standards designed to ensure protection of children and other persons exposed to contemporary forms of slavery, such as the sale of children, child prostitution and child pornography, the exploitation of child labour, bonded labour and the traffic in persons." The Committee welcomes this resolution, and is glad to continue and to further the existing cooperation between the supervisory bodies of the ILO and the United Nations in this respect.

C. Recent developments: Prison labour

112. It has now been some years since the Committee of Experts carried out its last General Survey on the application of these Conventions (in 1979). In that time, there has been one significant development in a number of States which has had a marked effect on the application of the Convention. This has to do with prison labour, and more precisely with the trend towards two related phenomena in some member States. One is that prisoners in publicly administered prisons are more often working for private firms within the public prisons; the other is that in some cases prison administration has been contracted to private firms, and prisoners are working for purposes of production in these prisons. This has an obvious effect on the application of the Convention, and in particular its Article 2, paragraph 2(c).

Prisoners working for private employers

Information supplied by governments under article 19 of the Constitution

113. Information is already available from a number of countries which have ratified the Convention, and is reflected in the comments made by the Committee under article 22 of the Constitution. The following additional material was received from non-ratifying countries.

(i) Prisoners in publicly administered prisons

114. The Government of Canada has indicated in its report that there are no privately run prisons in Canada, but that prisoners do perform labour for private companies or individuals. At the federal level, private companies which wish to gain access to prison labour must do so through CORCAN, a special agency responsible for cooperation with the public and private sectors in the field of labour. Private companies involved are responsible for investment and production management. Their cooperation with the public sector may involve the sharing of markets, production, technical competence or any other area where cooperation will result in a mutual advantage. Another model involves the sale of products or services to the private sector through CORCAN.

(ii) Prisoners in privately run prisons

115. According to the information communicated by the Government of the United States in its report, approximately 77,000 individuals are incarcerated in prisons managed by profit-making corporations, which represents around 4 per cent of the total inmate population in the United States. In addition, state and local prisons have increased the practice of contracting out prisoners to work for private companies. According to the Department of Justice, 30 states have legalized the contracting out of prison labour since 1990. The Government has stated that "the federal system does not currently permit private prisons or make individuals available to work for private companies. The federal prisons, however, do operate facilities within the prisons which produce goods for the federal Government". As regards private prisons, the Government indicates that this practice represents the decisions of states "that prisons and other correctional facilities can be operated more efficiently by private companies".

Requirements of Convention No. 29 (Article 2, paragraph 2(c))

116. The Committee recalls that under Article 2, paragraph 2(c), of Convention No. 29, work or service exacted from any person as a consequence of a conviction in a court of law is exempted from the scope of the Convention only if two conditions are met, namely "that the said work or service is carried out under the supervision and control of a public authority and that the said person is not hired to or placed at the disposal of private individuals, companies or associations". Both these conditions are necessary for compliance with the Convention.

117. The Committee noted in earlier comments made under the Convention, and in paragraph 98 of its 1979 General Survey, that the provisions of the Convention which prohibit convict labour from being hired to or placed at the disposal of private individuals, companies or associations are not limited to work outside penitentiary establishments but apply equally to workshops which may be operated by private undertakings inside prisons, and that, a fortiori, the prohibition covers all work organized by privately run prisons.

118. The provisions of Article 2(2)(c) are not conditioned on any particular kind of legal relationship. Thus, they are not limited to cases where a legal relationship would come into existence between the prisoner and the private undertaking, but cover equally situations where no such legal relationship exists and the prisoner has a direct relationship only with the prison. The Committee noted that where a prisoner is "hired to" a private company under a contract between the prison service and the company, the relationship is a triangular one comparable to that existing between a temporary employment agency or labour contractor, the enterprise using labour, and the temporary worker. There are, however, two differences which have a direct bearing on the observance of the Convention: the temporary or contract worker normally has an employment contract and the corresponding protection of labour law, which is not the case for compulsory prison labour; furthermore, prison labour is captive labour in the full sense of the term, namely, in contrast to temporary workers these workers have no access, in law and in practice, to employment outside the prison environment. Indeed, in most cases their work is covered by no labour law whatsoever. Thus if the prisoner is obliged to work in some situations the triangular relationship in which the prisoner's labour is the subject of a contract between the prison service and a private company may correspond to what is referred to in Article 2, paragraph 2(c), as being incompatible with the Convention.

119. In paragraph 97 of its 1979 General Survey, the Committee noted that in certain countries certain prisoners may, particularly during the period preceding their release, voluntarily accept employment with private employers, subject to guarantees as to the payment of normal wages and social security, consent of trade unions, etc. The Committee has considered that, provided the necessary safeguards exist to ensure that the persons concerned offer themselves voluntarily without being subjected to pressure or the menace of any penalty, such employment does not fall within the scope of the Convention. As indicated above, the practice of many countries has developed since the Committee's earlier General Survey, to a situation in which there is more general use of prison labour for private employers.

120. The Committee considers that freely given consent by the prisoner to working for a private employer is one of the two necessary conditions for compliance with the Convention's prohibition on hiring prisoners to, or placing them at the disposal of, these employers (though this does not of course apply to prison labour other than for private employers). This phrase in the Convention refers to an assignment of prisoners to work for private purposes, without regard to the prisoner's own choice. The Convention does not require that they should have a choice as to whether to work - it explicitly allows the imposition of labour in prison, under the conditions laid down, without infringing its provisions.

121. In private prisons there is one form of constraint which will have an effect also on the question of supervision: the private enterprise is not only a user of prison labour, but will inevitably also exercise, in law or in practice, an important part of the authority which under the Convention should be exercised by the public authorities.

122. As concerns the question of supervision, the Committee recalls that the work or service must be "carried out under the supervision and control of a public authority". The reason for this requirement is to prevent the conditions under which prisoners work being determined otherwise than by the public authorities, in a situation in which the workers concerned do not enjoy the rights of free workers. The supervision of the public authorities is therefore required to ensure that conditions remain within acceptable limits.

123. Article 2(1) of the Convention defines forced or compulsory labour as "all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily". The Committee recalls that, as indicated in paragraph 21 of its 1979 General Survey, it was made clear during the consideration of the draft instrument by the Conference that the "penalty" referred to in this provision need not be in the form of penal sanctions, but might take the form also of a loss of rights or privileges. Thus it would appear indispensable under the Convention to ensure that the prisoner's willingness or not to work for the private enterprise has no bearing on his or her conditions of imprisonment and expectation of remission of sentence or early release. This should also reinforce the availability of work for prisoners as a means of rehabilitation, which the Committee strongly endorses.

124. The Committee has raised questions in a number of cases under Convention No. 29, about the degree to which this supervision and control is actually being exercised by a public authority. No general prescription may be laid down which will cover all the possible arrangements for this. The Committee considers, however, that if the supervision and control are restricted to a general authority to inspect the premises periodically, this by itself would not appear to meet the requirement of the Convention for supervision and control.

125. As the Committee has pointed out previously, only when performed in conditions approximating a free employment relationship can work by prisoners for private companies be held compatible with the explicit prohibition in Article 2(2)(c); this necessarily requires the formal consent of the person concerned. The Committee has also pointed out that a necessary part of consent is that there must be further guarantees and safeguards covering the essential elements of a free labour relationship, if the employment is to be removed from the scope of Article 2(2)(c). The Committee notes that in some countries the governments are making progress towards full compliance with the Convention in their administration of privatized prisons by taking measures so that conditions in privatized prisons progressively approach those of free workers. It hopes to see continued advances in this sense.

IV. Technical assistance in the field of standards

A. Direct contacts

126. There was one direct contacts mission this year to Bolivia concerning freedom of association.

B. Promotional activities

127. Several regional and subregional seminars and symposia on international labour standards and freedom of association have been held: a Tripartite Subregional Seminar on Freedom of Association (October, United Republic of Tanzania); a National Tripartite Seminar on Discrimination (September, Sri Lanka); a Tripartite Subregional Seminar on Equality of Opportunity and Treatment in Employment for French-speaking countries of Africa (April-May, Réunion); three tripartite subregional seminars on national legislation and international labour standards (September, Romania; September-October, Azerbaijan; and October, Chile); two tripartite symposiums on trade union rights (January, Sri Lanka; January, Democratic Republic of the Congo); and four seminars on freedom of association for workers' representatives (April, Bulgaria; August, Kenya; August, Cameroon; September, France).

128. The Committee notes that the International Labour Standards Department has been carrying out activities for the promotion of the ILO standards system by holding seminars on standards and the ILO legal information system. This consists specifically of ILOLEX, a CD-ROM database on international labour standards, and NATLEX, a database on national labour, social security and related human rights legislation. During 1997, in close collaboration with the multidisciplinary advisory teams and with the support of the regional offices, seminars have been held in Africa, Central and Eastern Europe and Latin America. Participants in these seminars, senior officials from national administrations and employers' and workers' organizations, along with legal officers and researchers, have had the opportunity to familiarize themselves with these databases and to discuss current subjects relating to standards.

129. The Committee also notes that at the beginning of this year, the Standards Department was given the responsibility of managing the international labour standards section of the ILO Internet website. A document was presented to the Committee on Legal Issues and International Labour Standards for the March session of the Governing Body concerning Internet publication of standards-related information, a new promotional initiative which was welcomed by the Committee. Most importantly, the two departmental legal databases - ILOLEX and NATLEX - have now been made globally available on the ILO website. (Endnote 3) Statistically, these two databases respond to several thousand requests for information on labour standards and national labour legislation every month from approximately 50 different countries from every area of the world.

130. The Committee notes with interest that the Standards Department continues its annual training course for government officials responsible for reporting on international labour standards which is held at the Turin Centre and in Geneva during the two weeks immediately preceding the June Conference. Many of the fellows stay on in Geneva to participate in the work of the Conference Committee on the Application of Standards. This year the course was attended by 36 participants (31 government officials and five employers) from the following countries: Antigua and Barbuda, Azerbaijan, Botswana, Cameroon, Congo, Dominica, Equatorial Guinea, Guatemala, Haiti, Jamaica (two), Kenya, Kuwait, Lesotho, Mali, Mauritania, Mongolia, Morocco, Nepal, Nicaragua, Paraguay, Philippines (two), Romania, Rwanda, Sri Lanka, Syrian Arab Republic, South Africa (two), Swaziland, United Republic of Tanzania, Thailand, Trinidad and Tobago (two), Uganda and United Arab Emirates. The Committee also noted with interest that the International Labour Standards Department provided inputs to many of the other courses organized by the Turin Centre as well as to the production of training materials. This contributes to the better awareness by the tripartite constituents of the whole standard-setting system.

131. 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 and territories: Argentina, Belarus, Belgium, Benin, Bolivia, Brazil, Bulgaria, Cameroon, Chile, Democratic Republic of the Congo, Côte d'Ivoire, Ecuador, Egypt, Eritrea, Ethiopia, France, France (Réunion), Germany, Hungary, India, Japan, Kenya, Lithuania, Mexico, Netherlands, Pakistan, Panama, Paraguay, Peru, Philippines, Sao Tome and Principe, Sri Lanka, Switzerland, United Republic of Tanzania, Uganda, United Kingdom, Uruguay and Venezuela.

132. Furthermore, the International Labour Standards Department has published the Digest of decisions and principles of the Freedom of Association Committee in Russian. The Arabic and Portuguese editions are in preparation.

C. Standards and multidisciplinary advisory teams

133. The Committee noted that specialists in international labour standards continued in place in six of the 14 multidisciplinary teams (MDTs) (in Bangkok, Dakar, Lima, Port of Spain, San José and Santiago de Chile). It understood that there remained to date a further six such vacancies (in Abidjan, Addis Ababa, Beirut, Harare, Manila and New Delhi) and two new such posts (in Cairo and Moscow) were to be created in the 1998-99 biennium, the team in Budapest and that to be created in Yaoundé having no provision in this respect. The Committee recalled that the services provided by the MDTs - and especially by the standards specialists, where they exist - include assisting national constituents in fulfilling their standards-related obligations and promoting tripartite consultations on the issues. The standards specialists also work in the framework of the Active Partnership Policy towards the integration of standards considerations in country objectives and implementation of the objectives in terms of international labour standards.

134. The Committee has noted with interest the many instances where standards specialists have intervened - most often in an informal way - to provide explanations and assistance as to the measures called for to overcome the obstacles of application which the Committee itself has pointed to in its observations and direct requests. It welcomes also the efforts made by the International Labour Standards Department to supplement and support their work, especially when either no standards specialist is available in the MDT concerned or when highly specialized expertise is required. The decision to bring standards specialists and associate experts on standards from the field to headquarters on mission in May-June 1997 was clearly highly beneficial, in enabling comparison of experience and briefing on current issues preoccupying headquarters departments; and in facilitating contacts with national tripartite constituents represented in delegations to the Conference.

135. In this light, the Committee has been impressed by the invaluable part to be played by MDTs in both promoting and supervising the fullest possible realization of its labour standards and principles. It is convinced of the desirability of ensuring a sufficiency of qualified standards specialists in the field so that the teams are able to play that part, whilst maintaining the capacity of the International Labour Standards Department to service the supervisory bodies.

V. Role of employers' and workers' organizations

136. 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 4) 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.

137. 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

138. Since its last session, the Committee has received 211 observations, 37 of which were communicated by employers' organizations and 174 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.

139. The majority of observations received (202) relate to the application of ratified Conventions. (Endnote 5) Nine observations relate to the reports provided by governments under article 19 of the Constitution of the ILO relating to the Vocational Rehabilitation and Employment (Disabled Persons) Convention (No. 159) and Recommendation (No. 168), 1983. (Endnote 6)

140. The Committee notes that, of the observations received this year, 129 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 82 cases the governments transmitted the observations with their reports, sometimes adding their own comments.

141. 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.

142. 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, social security. 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.

143. The Committee notes lastly that the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), has now received 82 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 7) 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.

VI. Reports on ratified Conventions (articles 22 and 35 of the Constitution)

Supply of reports

144. 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.

145. 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 36 ratified Conventions. (Endnote 8) These reports cover the period ending 1 June 1997. 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 9) The procedures which are followed and established practice with regard to the obligations relating to international labour standards are found in the Handbook of procedures relating to international labour Conventions and Recommendations.

146. 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 resumed the exercise of sovereignty over Hong Kong with effect from 1 July 1997. As from that date Hong Kong became a Special Administrative Region of the People's Republic of China. The Committee noted that the Government of the People's Republic of China communicated to the Director-General, by a letter dated 6 June 1997, 46 notifications concerning Conventions which would continue to be applied 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

147. A total of 1,927 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, 1,211 of these reports had been received by the Office. This figure corresponds to 62.8 per cent of the reports requested, compared with 63.3 per cent last year. The Committee regrets that, as indicated in paragraph 168 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 Two (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.

148. In addition, 294 reports were requested on Conventions declared applicable with or without modifications to non-metropolitan territories (articles 22 and 35 of the Constitution). Of these, 214 reports, 72.7 per cent, had been received by the end of the Committee's session, in comparison with 74.8 per cent last year. 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.

149. 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

150. 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 Two, section I. However, 57 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: Afghanistan, Albania, Angola, Antigua and Barbuda, Bahrain, Bangladesh, Barbados, Cameroon, Côte d'Ivoire, Cyprus, Czech Republic, Democratic Republic of the Congo, Denmark (Faeroe Islands, Greenland), Djibouti, Ethiopia, France (French Polynesia, Guadeloupe), Gabon, Georgia, Ghana, Guinea-Bissau, Haiti, Honduras, Kuwait, Kyrgyzstan, Latvia, Libyan Arab Jamahiriya, Madagascar, Malawi, Malaysia, Mali, Malta, Mauritania, Morocco, Nepal, Netherlands (Aruba), Nicaragua, Niger, Nigeria, Seychelles, Sri Lanka, Tajikistan, United Republic of Tanzania, Venezuela, Yemen. No reports have been received for the past two or more years from the following countries: Armenia, Bolivia, Bosnia and Herzegovina, Burundi, Grenada, Lao People's Democratic Republic, Liberia, Republic of Moldova, Myanmar, Saint Lucia, Sierra Leone, Somalia, Uzbekistan.

151. 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.

Obstacles to compliance with reporting obligations

152. The Committee notes the references by several members of the Conference Committee in 1997 to the difficulties met with by various countries in fulfilling their reporting obligations under articles 19, 22 and 35 of the Constitution, and the indication that the Office would study the problem and its possible solution. It notes that, in the discussion of fulfilment of those obligations in the Conference Committee, several government representatives described the nature of their difficulties. It notes with interest the position consistently taken by the Employer and Worker members of that Committee, who have underlined the seriousness of the reporting obligations and their basic importance to the supervisory processes. It notes with interest also that the International Labour Standards Department wrote in July 1997 to all governments concerned not covered by multidisciplinary teams, inviting them to comment, and in the other cases has repeatedly requested the MDTs to envisage advisory missions and other activities designed to obtain the maximum performance by governments in this respect.

153. The Committee has noted the information and explanations given by various government representatives in the Conference Committee in 1997 and in previous years. Although each national situation is obviously different, common themes do appear. It observes that the difficulties mentioned below no doubt explain why various developing countries have not met their reporting obligations but that for industrialized countries the same may not be said.

154. For some countries, it seems fairly clear that the failure to send reports to the ILO is just one consequence of a more general failure of the machinery of government for security reasons, sometimes involving outright civil war. In these cases, there seems to be little the supervisory bodies or the Office can do, except note the failure and look forward to a time when the ILO will once more be able to play an active role in promoting social progress in the country - including through standards-related activities. The Committee has, on the other hand, been interested to note that the ILO has, especially in promoting international labour standards, been directly involved in the peace process in some countries, in particular in Guatemala.

155. For another group of countries, perhaps the majority, there seem to be administrative problems of various kinds. Sometimes - in the case of certain non-metropolitan territories - there is a problem of communication with the authorities of the member State. The Committee would like to think that these problems could be relatively easily remedied by the member States concerned in cooperation with the governments of the respective territories. In some cases, institutional problems are cited, which may refer to transient difficulties on ministerial reorganization (in respect of which the Office's labour administration specialists can perhaps assist); or they may have more deep-seated causes, when governments of developing countries consider themselves over-committed in terms of ratifications of Conventions which create substantive as well as procedural obligations beyond what they can readily discharge. These are cases in which the Committee looks very much to the Office, and particularly the multidisciplinary teams with their standards specialists, to provide judicious and well-targeted advice and assistance which can be practical and immediate and take place in a coherent framework in application of the Active Partnership Policy.

156. In many other cases, the difficulty lies not in absence of political will on the part of governments, but in shortage of competent staff duly trained in labour standards matters and able to prepare the reports due; it is well-known that in several countries the turnover of staff in the ministry responsible for labour standards issues is rapid, in addition to which budgetary pressures on labour administrations may well mean that personnel resources are actually diminished in this vital area. In this context, the Committee refers to paragraph 107 of its report last year (Endnote 10) and Chapter II, Part VI, of its General Survey of the Labour Administration Convention (No. 150) and Recommendation (No. 158), 1978, (Endnote 11) as to the role of labour administrations in international labour affairs.

157. One aspect of the administrative problems met with is no doubt the need for continual information and training for national officials on the ILO's standards-related activities, including reporting obligations and their fulfilment. Many government representatives in the Conference Committee have mentioned a wish for the ILO's technical assistance as a remedy to reporting failures. On this point, the Committee has again noted with interest the efforts made by the multidisciplinary teams and the International Labour Standards Department - often in collaboration with the Turin Centre - to organize interregional, regional, subregional and national seminars dealing with standards-related obligations (both procedural and substantive). These activities are now fortunately an integral part of the work programme of the ILO. In this connection the Committee underlines again the importance of the responsible units of the ILO having at their disposal adequate personnel and financial resources.

158. The Committee recalls that the reporting arrangements adopted by the Governing Body in November 1993 came into operation in 1996 for a trial period of five years, and that they were intended, among other things, to reduce the reporting burden on governments. It recalls also that the provision of technical assistance on reporting obligations remains a significant part of the duties of the MDTs. The Committee welcomes the sustained efforts by the Office to give training and information on the ILO standard-setting and supervisory system not only to government officials but also to employers' and workers' organizations, which have such an important part to play in all of the procedures. It recalls the very basic importance of this system in the Constitution and the mandate of the ILO, and the indispensable contribution it makes to ensuring that international labour standards remain at the heart of the Organization in reality as well as in rhetoric. The Committee trusts that the Office will, during the remainder of the trial period for the current reporting timetable determined by the Governing Body, devote every attention and all necessary resources to obtaining maximum results in terms of the fulfilment of reporting obligations.

Late reports

159. The Committee is once again bound to emphasize the importance of communicating reports in due time. The reports due on ratified Conventions were to be sent to the Office between 1 June and 1 September 1997. Due consideration is given, when fixing this date, particularly 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. 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.

160. 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 1997, the proportion of reports received was only 28.7 per cent. Although this is higher than for its previous session (20.5 per cent), 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.

161. 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 calendar for the reporting cycle implemented as a result of the decisions taken by the Governing Body in November 1993 the figure, as compared to last year, has not improved much. 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.

162. 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.

163. 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 12) The Committee emphasizes that this practice disturbs the regular operation of the supervisory system and makes it more burdensome.

Supply of first reports

164. A total of 80 of the 131 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); since 1995 - Armenia (Convention No. 111), Burundi (Conventions Nos. 87, 100 and 111), Kyrgyzstan (Conventions Nos. 133 and 160), Republic of Moldova (Convention No. 105), Nigeria (Convention No. 144), Seychelles (Convention No. 149); and since 1996 - Armenia (Conventions Nos. 100, 122, 135 and 151), Barbados (Convention No. 147), Cyprus (Convention No. 171), Grenada (Conventions Nos. 87, 100 and 144), Latvia (Conventions Nos. 81, 129, 132, 144, 154, 155 and 158), Uzbekistan (Conventions Nos. 47, 52, 103 and 122).

165. 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

166. 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 78 governments to which such letters were sent, only 12 have provided the information requested.

167. 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.

168. In all there were 385 such cases, (Endnote 13) as compared with 323 last year. The Committee notes with concern that the number of these cases has increased. It is bound to repeat the observations or direct requests already made on the Conventions in question.

169. 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

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

171. 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 14)

172. 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 1998.

173. 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

174. 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 32 instances in which measures of this kind have been taken in 22 countries and two non-metropolitan territories. The full list is as follows:

State Conventions Nos.

Argentina 42

Non-metropolitan territories

Netherlands: Netherlands Antilles 17

175. 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 2,164 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.

176. 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

177. 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.

178. The Committee notes with interest that this year some 84.3 per cent of the reports supplied on Conventions for which information on practical application was specifically requested contained such data. The Committee observes that this percentage is the highest in recent years and welcomes this fact. Nevertheless it reiterates its appeal to all governments to continue to make every effort to include the information requested in their future reports.

179. The following countries have provided information on practical application in more than half the reports concerned: Algeria, Argentina, Australia, Austria, Azerbaijan, Belarus, Belgium, Belize, Brazil, Bulgaria, Burkina Faso, Canada, Chile, Colombia, Cuba, Denmark, Dominican Republic, Egypt, El Salvador, Germany, Finland, France, Greece, Guatemala, Guyana, Hungary, Iceland, India, Islamic Republic of Iran, Ireland, Israel, Italy, Japan, Kenya, Lithuania, Luxembourg, Mauritius, Mexico, Mongolia, Morocco, Netherlands, New Zealand, Norway, Pakistan, Paraguay, Peru, Poland, Portugal, Romania, San Marino, Slovenia, Spain, Sweden, Switzerland, Syrian Arab Republic, Tunisia, Ukraine, United Kingdom.

180. 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.

181. 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.

182. 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 44 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.

Sanctions in national law

183. The Committee noted the views expressed in the Conference Committee concerning the appropriateness of sanctions as a means of ensuring the application of ratified Conventions at the national level. It placed the question in the context of the general obligation on member States, in the words of article 19(5)(d) of the ILO Constitution, to "take such action as may be necessary to make effective the provisions" of a ratified Convention. The Committee looked at the ways in which different countries go about fulfilling that obligation: these may range from promotional campaigns, advice, training and education, to inspection leading to either civil remedies or criminal prosecution and sanctions.

184. All of these actions can be invaluable means of ensuring effectiveness of the international or national provisions. Indeed, the mere existence of civil remedies or penal sanctions may have a strong deterrent effect on potential delinquents. Sanctions and remedies themselves may take many forms - penal, civil or administrative - involving fines or even imprisonment, damages, reparations, reinstatement, annulment of decisions or authorizations, etc. The Committee noted the advantage of actively encouraging compliance with Conventions as well as discouraging infringement of them.

185. On the one hand the Committee recalls that several Conventions contain their own specific provisions as to the measures to be taken by ratifying States to secure observance of their substantive requirements; and it stresses that in such cases, where sanctions are envisaged, they must be adequate and effective, failing which there may be breach of both the substantive provision of the Convention and the requirement as to enforcement measures to be taken. In this connection, the Committee has noted that, where countries have made provision for pecuniary penalties or remedies, the main problem that arises relates to their dissuasive effect, in so far as they are often too low and in some cases have not been adjusted to take account of inflation.

186. On the other hand the Committee hopes that governments will in addition give due consideration to the possibility that, in all cases, even in Conventions which do not contain specific provisions in this regard, appropriate sanctions and remedies may well be an effective way of strengthening the application of Conventions. The use and strengthening of sanctions and remedies can be particularly important to ensure the effectiveness of Conventions guaranteeing basic rights. The Committee would urge governments to take all steps available to make certain the implementation of provisions of ratified Conventions is systematically monitored at the national level; and it would be very grateful if, in order to assist the Committee in its task at the international level, governments supplied full information in this respect in their reports under article 22 of the Constitution.

VII. Submission of Conventions and Recommendations to the competent authorities

(article 19, paragraphs 5, 6 and 7, of the Constitution)

187. In accordance with its terms of reference, the Committee this year examined the following information 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 83rd Session of the Conference (1996): the Home Work Convention (No. 177) and Recommendation (No. 184);

(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 82nd (1995) Sessions (Conventions Nos. 87 to 176 and Recommendations Nos. 83 to 183);

(c) replies to the observations and direct requests made by the Committee at its session in November-December 1996.

83rd Session

188. 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 83rd Session: Bahrain, Belarus, Central African Republic, Czech Republic, Djibouti, Egypt, El Salvador, Ethiopia, Germany, Greece, Guatemala, Hungary, Iceland, Indonesia, Islamic Republic of Iran, Jamaica, Japan, Jordan, Republic of Korea, Kuwait, Luxembourg, Malaysia, Myanmar, Namibia, Nepal, Nicaragua, Norway, Oman, Panama, Peru, Philippines, Poland, Portugal, Qatar, Romania, Russian Federation, San Marino, Saudi Arabia, Singapore, Slovakia, Slovenia, Tajikistan, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukraine and United States.

31st to 82nd Sessions

189. 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: Burkina Faso (77th, 78th, 79th, 80th and 81st Sessions) and Mozambique (78th, 79th, 80th, 81st and 82nd Sessions).

190. 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 83rd Sessions of the Conference.

General aspects

191. 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.

192. 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

193. 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 six of these observations (Antigua and Barbuda, Bahamas, Democratic Republic of Congo, Hungary, Libyan Arab Jamahiriya and Paraguay), 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.

194. 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.

195. 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

196. The Committee is bound to note with regret that no information has been supplied by the following 14 governments showing that the Conventions and Recommendations adopted by the Conference during at least the last seven sessions (from the 76th to the 82nd Sessions) have in fact been submitted to the competent authorities: Afghanistan, Cameroon, Guinea, Haiti, Liberia, Madagascar, Saint Lucia, Sierra Leone, Solomon Islands and Yemen. The fact that these countries have accumulated a long backlog in this context is a cause of deep concern to the Committee. Indeed, there is a danger that some of them 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 192 above.

197. 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.

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

198. 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 Vocational Rehabilitation and Employment (Disabled Persons) Convention (No. 159) and Recommendation (No. 168), 1983.

199. A total of 290 reports were requested and 144 received. (Endnote 15) This represents 49.6 per cent of the reports requested.

200. 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, Albania, Djibouti, Fiji, Haiti, Lesotho, Liberia, Libyan Arab Jamahiriya, Republic of Moldova, Nepal, Nigeria, Paraguay, Saint Lucia, Solomon Islands, Somalia, Yemen.

201. 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

202. 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. 159 and Recommendation No. 168. 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 five persons appointed by the Committee from among its members.

203. 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, 12 December 1997. (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

Endnote 14

Endnote 15