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 72nd Session in Geneva from 22 November to 7 December 2001. The Committee has the honour to present its report to the Governing Body.

2. The composition of the Committee is as follows:

Mr. Rafael ALBURQUERQUE (Dominican Republic),

Mr. Anwar Ahmad Rashed AL-FUZAIE (Kuwait),

Ms. Janice R. BELLACE (United States),

Mr. Prafullachandra Natvarlal BHAGWATI (India),

Ms. Laura COX, QC (United Kingdom),

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

Ms. Blanca Ruth ESPONDA ESPINOSA (Mexico),

Ms. Robyn A. LAYTON, QC (Australia),

Ms. Ewa LETOWSKA (Poland),

Mr. Pierre LYON-CAEN (France),

Mr. Sergey Petrovitch MAVRIN (Russian Federation),

Baron Bernd von MAYDELL (Germany),

Mr. Cassio MESQUITA BARROS (Brazil),

Mr. Benjamin Obi NWABUEZE (Nigeria),

Mr. Edilbert RAZAFINDRALAMBO (Madagascar),

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

Mr. Amadou SÔ (Senegal),

Mr. Boon Chiang TAN (Singapore),

Mr. Budislav VUKAS (Croatia),

Mr. Toshio YAMAGUCHI (Japan),

3. The Committee noted with regret that Mr. von Maydell and Mr. Yamaguchi were not able to participate in its work.

4. The Committee was deeply saddened to learn of the death, on 18 May 2001, of Mr. André Zenger, former Chief of the Application of Standards Branch of the International Labour Standards Department, and most recently Adviser to the Department. Mr. André Zenger was also acting director of the International Labour Standards Department from the end of 1998 to the end of 2000. The Committee wishes to express the esteem and friendship which all its members felt for André Zenger, as well as its gratitude for the devotion and competence he brought to the cause of international labour standards.

5. At its session, the Committee welcomed Mr. Jean-Claude Javillier, the new Director of the International Labour Standards Department.

6. Just before the session closed, the President informed the Committee of his decision to step down from his position as Chairperson and to retire from the Committee. The Committee took note of his resignation and expressed its sincere regret, while commending him warmly for the outstanding and inspired way in which he had carried out the important and exacting task of leading the Committee for so many years. The Committee subsequently elected Ms. Robyn Layton as Chairperson until November 2002.

Seventy-fifth anniversary of the Committee of Experts

7. This year marks the 75th anniversary of the creation of the Committee of Experts on the Application of Conventions and Recommendations.

8. This event was celebrated at a special sitting of the Committee in the presence of the Director-General and the two Vice-Chairpersons of the Conference Committee on the Application of Standards. On that occasion, a volume in honour of the 75th anniversary was presented to the Chairperson of the Committee by the secretariat. The Committee's functions and working methods have substantially developed as its workload has grown over the years.

9. Although the resolution adopted by the International Labour Conference at its 8th Session in 1926 did not spell out the criteria for the composition of future Committees, the Committee itself has, since its creation, had numerous occasions, during the examination of its mandate and its working methods, to identify on the basis of an analysis of the established practice of the Governing Body with regard to the nomination of Committee members the principles the Governing Body has observed in this matter, which are: independence, impartiality, competence, and first-hand experience of different legal, economic and social systems. (Endnote 1) The alphabetical list of the members of the Committee since its establishment is as follows:

Members of the Committee of Experts on the Application of Conventions and Recommendations (1927-2001)

Mr. Benjamin AARON (United States)

Mr. Oscar SARAIVA (Brazil)

10. At its first session in May 1927, the Committee was composed of eight members, and met for three days. It had to examine 180 reports on the application of ratified Conventions from 26 of the ILO's 55 member States. The Conference had by then adopted 23 Conventions and 28 Recommendations, and the number of ratifications of Conventions was 229. The Committee's membership has now expanded to 20 members, and its annual meeting time to nearly three weeks. The Conference has adopted 184 Conventions and 192 Recommendations, and the number of ratifications has grown to 6,983 ratifications. There are in addition 1,980 declarations of application of Conventions to non-metropolitan territories. There are today 175 member States in the International Labour Organization.

11. The Conference resolution of 1926 which led to establishment of the Committee described its purpose as "making the best and fullest use" of the reports on ratified Conventions. Since the constitutional reforms of 1946, the Committee has also been called upon to consider the information due from governments on the submission of newly adopted Conventions and Recommendations to the competent national authorities, to examine the application of ratified Conventions in non-metropolitan territories, and to consider the effect given to unratified Conventions and on Recommendations, resulting in the "General Surveys" the Committee now carries out. The Committee is also asked to exercise certain functions in relation to instruments adopted under the auspices of other international organizations, as is the case for reports from States which have ratified the European Code of Social Security.

12. The Committee's working methods within its mandate have also evolved over the years. Thus, in 1949 the Committee began paying special attention to first reports after ratification (now over 200 first reports have to be examined most years), and it has asked the Office to prepare comparative analyses of them. In 1959 the Committee suggested that detailed reporting be put on a two-year cycle, subject to the safeguards required in certain cases. What was at first just a suggestion by the Committee has become the working method of choice for adjusting the workload. In 1993, the Governing Body decided to modify the reporting system, with detailed reports to be submitted every two years for a group of Conventions regarded as "priority" ones, and the reporting cycle of "simplified" reports on all other Conventions being due every five years. At the same time, the Governing Body decided that governments should submit detailed reports in the event of major changes affecting the application of Conventions and that the supervisory bodies could request additional reports where necessary. On the occasion of its 40th anniversary in 1967, the Committee put forward a suggestion which led to the introduction in 1968 of the procedure of direct contacts, which consists of on-the-spot missions with a view to developing dialogue with governments and employers' and workers' organizations in order to overcome difficulties in the application of Conventions.

13. Finally, since 1964 the Committee has listed the cases in which governments, in response to its earlier comments, have made changes in their law and practice in order to give fuller effect to ratified Conventions. Since then, the Committee has been able to record more than 2,276 such cases in its reports. Just last year, the Committee also began noting cases in which it had been able to note "with interest" measures that have been taken in this same sense, and in the first year of its use the Committee noted 159 instances in 85 countries. The Committee is well aware that there are also many "invisible" or less apparent instances where international labour standards have exerted a positive influence. In this respect, the Committee hopes the Office will undertake a thorough study of the impact of international labour standards today, both in general and in selected countries, to document this phenomenon. It should be mentioned in this context that a new type of general discussion based on an integrated approach to ILO standards-related activities has been recently introduced by the Governing Body with a view to increasing the coherence, relevance and impact of standards-related activities in the light of the constitutional objectives of the Organization. The first application of this approach concerns the area of occupational safety and health and has been placed on the agenda of the 91st Session (2003) of the International Labour Conference. Finally, to contribute to strengthening the impact of international labour standards, the International Labour Office began stationing in 1980 "regional advisers" on international labour standards in different regions of the world, and this has now evolved into the network of standards specialists in the multidisciplinary advisory teams of the Office.

14. Throughout all these years, as the Committee's workload, working methods and responsibilities have evolved, the principles of objectivity, impartiality and independence which animate its work have not changed. It continues to examine the application of Conventions and Recommendations, and of related constitutional obligations, in a uniform manner for all States. The rights and obligations under the instruments adopted by the International Labour Conference are the same for all, and should be applied in a uniform way in all the member States.

15. This brief review of the Committee's first 75 years would be incomplete without mentioning the role of the Committee in the context of the ILO's overall supervisory and promotional efforts. The Committee was created at the same time as the Conference Committee on the Application of Standards. While there have at times been differences in approach between the two committees, they have developed a solidly collaborative relationship especially in recent years, and each relies on the work of the other. The Committee is also finding an increasing interaction with the committees set up to examine complaints and representations under articles 24 and 26 of the Constitution, as was the case for the complaint concerning the application by Myanmar of the Forced Labour Convention, 1930 (No. 29), and with the committees examining a rising number of representations.

16. The supervisory mechanisms of the ILO have long been cited as the most advanced and best functioning in the international system. The Committee is convinced that this is in fact the case. At the same time, it notes that the Governing Body is carrying out a review of the ILO's supervisory machinery with a view to strengthening it and increasing its impact. (Endnote 2) In this context the Committee has already begun a process of assessment of its own working methods, which it will further develop in future sessions so that there will be a thorough re-examination of ways to improve its efficiency in the overall context of the supervisory systems within the ILO.

17. The Committee is proud of its 75-year history and wishes to ensure its continued effectiveness and relevance for the future. The Committee is examining the possibility of producing a separate publication covering its history, role and work and containing contributions from some of its members.

Fiftieth anniversary of the Committee on Freedom of Association

18. The Committee commends the Committee on Freedom of Association on the occasion of its 50th anniversary on the valuable contribution it has made to greater respect for this fundamental right around the world.

19. In carrying out its primary role of elucidating the facts and proposing solutions for the cases submitted to it, the Committee on Freedom of Association has been the origin of a number of important decisions setting forth the principles according to which freedom of association should be applied in different circumstances. The Committee, having tripartite composition, has a certain number of special characteristics which account for its success, including the extensive notion given to the receivability of complaints, the fact that it examines complaints submitted by diverse workers' and employers' organizations alleging specific violations, and even where the relevant Conventions have not been ratified. Furthermore, its frequent use of on-the-spot missions, and the fact that conciliation is central to its search for solutions have also contributed to its significant impact. Its positive results extend to numerous areas of freedom of association such as the grant of the right to organize to certain categories of workers, recognition of the right to strike, the enactment of trade union legislation based on ILO standards following the restoration of democracy, the release of trade unionists in detention, the reinstatement of workers dismissed for trade union activities, the lifting of state intervention in trade unions, and the re-establishment of suspended organizations.

20. The present Committee attaches great importance to the permanence of the privileged links it has with the Committee on Freedom of Association. Although different in some ways, both Committees apply the same principles of independence, impartiality and objectivity, and their conclusions and comments have a universal impact. Moreover, the complementarity between the two Committees is an important resource for the ILO's freedom of association supervisory system. With this in mind, the Committee firmly supports the Committee on Freedom of Association in the pursuit and extension of its endeavours to ensure that this fundamental freedom remains a daily reality for everyone everywhere.

Working methods

21. 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 inspections;

(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.

22. The Committee, after an examination and evaluation of the above reports and information, drew up its present report, consisting of the following three parts:

(a) Part One is the General Report in which the Committee reviews general questions concerning international labour standards and related international instruments and their implementation;

(b) Part Two contains observations concerning particular countries on the application of ratified Conventions (see section I and paragraphs 84 to 123 below), on the application of Conventions in non-metropolitan territories (see section II and paragraphs 84 to 123 below), and on the obligation to submit instruments to the competent authorities (see section III and paragraphs 124 to 138 below); and

(c) Part Three, which is published in a separate volume (Report III (Part 1B)), consists of a General Survey on the Dock Work Convention, 1973 (No. 137), and Recommendation, 1973 (No. 145), on which governments were requested to submit reports under article 19 of the ILO Constitution.

23. The Committee's task consists of indicating the extent to which the law and practice in each State appears to be in conformity with ratified Conventions and the obligations undertaken by that State by virtue of the ILO Constitution. To accomplish this task, the Committee follows the principles cited above in paragraph 9, and in continuing to apply the working methods recalled in its 1987 report. (Endnote 3)

24. Furthermore, since 1999 the Committee has undertaken an examination of its working methods. Last year, the Committee paid particular attention to drafting its report in a manner to make it more accessible and to draw the attention of a larger readership to the importance of the provisions of Conventions and their practical application. This year, in order to guide its reflections on this matter in both an efficient and thorough manner, the Committee decided to create a subcommittee. This subcommittee has as a mandate to examine not only the working methods of the Committee as strictly defined but also any related subjects, and to make appropriate recommendations to the Committee. (Endnote 4)

25. 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. The Committee of Experts takes the proceedings of the Conference Committee into full 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. In this context, the Committee again welcomed the participation of the Chairperson of its 71st Session as an observer in the general discussion of the Committee on the Application of Standards of the 89th Session of the International Labour Conference (June 2001). It noted the request by the abovementioned Committee for the Director-General to repeat this invitation for the 90th Session of the International Labour Conference (June 2002). The Committee accepted the invitation.

26. The Chairperson of the Committee of Experts invited the Employer and Worker Vice-Chairpersons of the Committee on the Application of Standards of the 89th Session of the International Labour Conference to pay a joint visit to this Committee at its present session. Both accepted this invitation and discussed various matters with the Committee in a special session.

II. General information on international labour standards

Recent developments

A. Membership of the Organization

27. Since the Committee's last session, the number of member States of the ILO has remained unchanged at 175.

B. New standards adopted by the Conference in 2001 and the coming into force of Conventions

28. The Committee notes that at its 89th Session (June 2001) the International Labour Conference adopted the Safety and Health in Agriculture Convention (No. 184), and Recommendation (No. 192), 2001.

29. No Conventions entered into force in 2001.

C. Policy on standards

30. The Committee notes the continued discussions in the Governing Body on possible improvements in ILO standards-related activities. The object of these discussions at the 282nd Session of the Governing Body (November 2001) was the "Examination of standards-related reporting requirements" following a review of the modifications introduced in 1993 to the ILO supervisory system. (Endnote 5)

31. The Committee notes that pursuant to this examination and review, the Governing Body has taken the following decisions regarding the standards-related reporting requirements:

(a) to maintain the two-year and five-year reporting cycles, for the Conventions presently in each cycle;

(b) to approve the grouping of fundamental and priority Conventions, with countries divided alphabetically for reporting purposes;

(c) to approve the principle of arranging all other Conventions by subject groups for reporting purposes;

(d) to discontinue detailed reports on fundamental and priority Conventions unless there are changes, or they are requested by supervisory bodies;

(e) to discontinue the automatic requirement to send a detailed report if a government fails in its obligation to send a simplified report;

(f) to discontinue the automatic requirement for detailed "second first" reports;

(g) to maintain the present timing of the session of the Committee of Experts on the Application of Conventions and Recommendations, and the due dates for reports; and

(h) to promote cooperation through agreements on country-by-country assistance programmes to resolve problems of application of Conventions and related questions.

32. The Committee also notes that the Governing Body decided to invite the Director-General to prepare for the 283rd Session (March 2002):

(a) a draft grouping of non-fundamental Conventions for purposes of reporting;

(b) all other details, including the timetable, for the implementation of the modifications in the reporting system as outlined in the decisions referred to under (b) to (f) in the preceding paragraph; and

(c) an overview of the discussions which have taken place on possible improvements in the supervisory mechanism of the ILO, indicating what has already been discussed and what remains to be dealt with.

33. The Committee notes the decision of the Governing Body to place on the agenda of the International Labour Conference a new type of general discussion based on an integrated approach to ILO standards-related activities (Endnote 6) and notes that the first application of this approach at the 91st Session (2003) of the International Labour Conference will focus on occupational safety and health. (Endnote 7) In November 2001, the Governing Body held a first discussion on the proposals for the agenda of the 92nd Session (2004) of the Conference with regard to a general discussion based on the integrated approach in the following subject areas: gender equality, migrant workers, and child labour. A decision will be taken at the 283rd Session (March 2002) of the Governing Body.

34. The Committee notes with continued interest the decisions by the Governing Body based on the work of the Working Party on Policy regarding the Revision of Standards. (Endnote 8) The Governing Body so far has taken decisions with regard to 181 Conventions and 191 Recommendations which can be grouped into three principal categories: up-to-date instruments, instruments to be revised, and outdated instruments. At this stage, 71 Conventions are considered as up to date and will be the subject of specific promotional activities, 24 Conventions have been approved by the Governing Body for revision, and 54 older Conventions have been proposed for denunciation, accompanied by the ratification of a corresponding more recent or revising Convention. The Committee wishes to emphasize in this regard, that the fact that certain Conventions are not fully up to date does not mean that they do not provide valuable protection to workers in countries which have not yet been able to ratify more recent Conventions. In the case of 34 Conventions, the constituents are invited to provide additional information to the Office to allow the Governing Body to take decisions concerning them. The Committee recalls that the Governing Body has emphasized the importance of follow-up measures to its decisions regarding standards policy.

35. The Committee also recalls that the Conference decided in June 1997 to adopt an amendment to the ILO Constitution and modify its Standing Orders to allow for the abrogation or withdrawal of obsolete Conventions and Recommendations. In December 2001, this constitutional amendment has been ratified or accepted by 67 member States. The Conference already withdrew five Conventions at its June 2000 session, and the withdrawal of 20 Recommendations is on the agenda of the 90th Session (2002) of the Conference.

D. Ratifications and denunciations

Ratifications

36. The list of ratifications by Convention and by country (Endnote 9) indicates a total of 6,858 ratifications as at 31 December 2000. From 1 January 2001 to the end of the Committee's session on 7 December 2001, 147 ratifications had been received from 76 countries.

Denunciations

37. Since the Committee's last session, the Director-General has registered the following denunciations:

State:

Austria:

Cyprus:

Czech Republic:

Dominican Republic*:

Italy:

Zambia:

State:

Angola:

Bahamas:

Benin:

Brazil:

Cameroon:

Chad:

Colombia:

Italy:

Lesotho:

New Zealand:

Panama*:

Declaration

38. The United Kingdom made a declaration on behalf of Guernsey, excluding the Bailiwick of Guernsey, which includes the authorities of the islands of Alderney and Sark, of the application without modification of the Worst Forms of Child Labour Convention, 1999 (No. 182).

Constitutional and other procedures

39. The Committee had been informed of the decisions taken since its last session by the Governing Body in cases where the Governing Body had recourse to the constitutional procedures in respect of complaints, representations and other procedures.

A. Measures taken under article 33 of the ILO Constitution: The question of the observance by the Government of Myanmar of the Forced Labour Convention, 1930 (No. 29)

40. The Committee notes the latest developments concerning the question of the observance by the Government of Myanmar of the Forced Labour Convention, 1930 (No. 29).

41. In accordance with the resolution adopted by the International Labour Conference at its 88th Session, a special session of the Conference Committee on the Application of Standards concerning the application by Myanmar of the Forced Labour Convention, 1930 (No. 29), took place in June 2001. The Committee concluded that there was still evidence of forced or compulsory labour being imposed on the citizens of Myanmar. The Committee noted that the Orders issued by the authorities were "a relevant, but insufficient basis for improving legislation, and that the conditions spelled out by the Committee of Experts should be applied in good faith, and further measures would be needed to ensure that this was in fact done". The Committee called upon the Government to give full cooperation to the High-Level Team which was to be sent to the country, and to ensure that those people who provided information to the team would enjoy full protection. It also requested the Government to provide a detailed report to the Committee of Experts at its next session.

42. Further, the Committee notes that the Office continued to extend cooperation to the Government of Myanmar in order to promote full implementation of the recommendations of the Commission of Inquiry.

43. Lastly, pursuant to the "Understanding on an ILO Objective Assessment" concluded on 19 May 2001 by representatives of the Director-General and representatives of the Government of Myanmar, the latter agreed to receive a High-Level Team. The Team carried out its mission from 17 September to 6 October 2001 in Myanmar and continued talks in Thailand from 7 to 12 October 2001.

44. The High-Level Team's terms of reference were to conduct an objective assessment of the practical implementation and actual impact of the framework of legislative, executive and administrative measures reported by the Government within the overall objective of the complete elimination of forced labour. The report of the team and the annexes to it were submitted to the Governing Body at its November 2001 session. The Committee notes that, after considering the abovementioned report, the Governing Body reached by consensus the following conclusions: (Endnote 10)

"...

(1) The Governing Body notes with great interest the report of the High-Level Team and extends its gratitude to the Team and to its Chairperson, Sir Ninian Stephen, for having accepted this important and difficult task, as well as its congratulations on the quality of its work.

(2) The Governing Body acknowledges that the Myanmar authorities have fulfilled their commitments under the Understanding of 19 May 2001, but intends to remain vigilant with regard to the parallel commitment made by these authorities to refrain from taking any action against persons or organizations who may have directly or indirectly contributed information to the Team.

(3) It also recognizes the efforts made by the authorities to disseminate the Orders among the population, although it considers that these efforts should be strengthened and extended to include all the media and the use of the appropriate languages, in accordance with paragraph 42 of the report.

(4) Profound concern has been expressed, however, regarding the very limited impact of this new legislation to date and, in particular, the persistent impunity with regard to criminal prosecution of persons who have committed violations, despite the provisions of this legislation.

(5) Consequently, urgent efforts should be undertaken by the Myanmar authorities to rectify this situation and provide more convincing evidence of their willingness to achieve this by the next session of the Governing Body.

(6) To this end, the Governing Body requests the Director-General to pursue the dialogue with the authorities in order to define the modalities and parameters of continued and effective ILO representation in Myanmar, which should be put in place as soon as possible.

(7) The Director-General should also continue to provide assistance to the authorities with a view to giving effect to the other concrete suggestions put forward in the report, including with regard to establishing a form of ombudsman.

(8) The Director-General is invited to report to the next session of the Governing Body. Depending on the progress or lack of progress achieved on the different points under consideration, including criminal proceedings concerning the allegations mentioned in paragraph 28 of the report if they are founded, it will be for the Governing Body to draw appropriate conclusions, both regarding action within its remit and that which it should refer to the Conference.

..."

45. While noting the conclusions of the Governing Body, the Committee also refers to its observation concerning the application by Myanmar of the Forced Labour Convention, 1930 (No. 29), in Part Two of this report.

B. Representations submitted under article 24 of the ILO Constitution

Final report adopted by tripartite committee:

Final report adopted by tripartite committee:

Final report adopted by tripartite committee:

Final report adopted by tripartite committee:

Final report adopted by tripartite committee:

- Representation made under article 24 of the ILO Constitution by the Association of Human Resources Consultancies (ASECORH) alleging non-observance by Ecuador of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

46. At each of its meetings over the last year (March, June and November 2001), the Committee on Freedom of Association had before it approximately 150 cases concerning around 60 countries from all parts of the world, for which it presented interim or final conclusions, or for which the examination was adjourned pending the arrival of information from governments (324th, 325th and 326th reports). A number of these cases had already been before the Committee on several occasions. Moreover, since the last meeting of the Committee of Experts, around 50 new cases have been submitted to the Committee on Freedom of Association. Missions concerning certain cases pending before the Committee on Freedom of Association visited Guatemala, Ukraine and the Republic of Korea.

47. The Committee on Freedom of Association drew the attention of the Committee of Experts to the legislative aspects of the following cases: Nos. 2090 (Belarus), 2053 (Bosnia and Herzegovina), 2083 (Canada/New Brunswick), 1951 (Canada/Ontario), 2078 (Lithuania), 1980 (Luxembourg), 2096 (Pakistan) 1878 and 2098 (Peru), 2091 (Romania), 2094 (Slovakia), 2038 (Ukraine), 2067 (Venezuela) and 1937 (Zimbabwe).

Collaboration with other international organizations and functions relating to other international instruments

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

48. 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. Thus, copies of reports received on nine Conventions were forwarded for comment or information to various United Nations organizations or other bodies. (Endnote 11) Further, representatives of these organizations were invited to attend the sittings of the Committee of Experts in which the Conventions in question were discussed.

B. United Nations treaties concerning human rights

49. The Office regularly sends written reports and submits oral information, in accordance with existing arrangements, to the various bodies responsible for supervising the application of United Nations Conventions that are relevant to the ILO's mandate. The reports and information submitted by the Office provide indications on the comments made by ILO supervisory bodies. The bodies concerned often take into account these indications by recommending that the States ratify relevant ILO Conventions, or that they avail themselves of the assistance of the Office. Since the Committee's last meeting, the Office has taken part in the bodies established to examine the application of the following instruments:

- the International Covenant on Economic, Social and Cultural Rights (two sessions);

- the International Covenant on Civil and Political Rights (two sessions);

- the International Convention on the Elimination of All Forms of Racial Discrimination (one session);

- the Convention on the Elimination of All Forms of Discrimination against Women (one session);

- the United Nations Convention on the Rights of the Child (three sessions).

50. Further, the Office was also represented at the 13th Meeting (June 2001) of the Chairpersons of United Nations Treaty Bodies, to discuss closer cooperation between these bodies and the ILO and, in particular, how the treaty bodies would make better use of the detailed information provided in the ILO reports. In addition, the Office was represented at the eighth Annual Meeting of Special Rapporteurs/Experts/ Representatives and Chairpersons of UN Working Groups, at which progress was achieved in ensuring that these UN mechanisms work in closer cooperation with the ILO.

C. European treaties

European Code of Social Security and its Protocol

51. 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 16 reports on the application of the European Code of Social Security and, as appropriate, its Protocol. It noted that the States parties to the Code and the Protocol continue in large measure to apply them. At the sitting in which the Committee examined the reports on the European Code of Social Security and its Protocol, the Council of Europe was represented by Mr. Hallvard Gorseth. The conclusions of the Committee regarding these reports will be sent to the Council of Europe.

52. In addition, representatives of the ILO took part in the meeting of the Committee of Experts on Standard-Setting Instruments in the field of social security, held in Strasbourg (France) in September 2001, to examine the application of these instruments on the basis of the conclusions of this Committee. The Committee of Experts on Standard-Setting Instruments endorsed the conclusions of the Committee of Experts.

European Social Charter

53. In the context of its collaboration with the Council of Europe, representatives of the ILO participated in the course of 2001, in an advisory capacity, in accordance with article 26 of the European Social Charter, in sessions of the European Committee of Social Rights. Since the Committee's last meeting, Lithuania, Republic of Moldova and Norway have ratified the European Social Charter (Revised).

D. Matters relating to human rights

54. There have been a number of developments on human rights in the last year which have drawn increasing attention to matters relating to international labour standards. These events also reflect a growing conviction that sustainable economic development cannot take place without constant attention to the situation of workers, particularly in today's world marked by globalization.

55. The Committee recalls that the Governing Body decided, at its March-April 1995 session, to collect information on the ratification situation of the seven fundamental ILO Conventions (Conventions Nos. 29 and 105, 87 and 98, 100 and 111, and 138). Moreover, at its subsequent sessions, the reports collating the replies of member States to the Director-General's letter calling for their universal ratification will be examined. In the meantime, Convention No. 182 on the Worst Forms of Child Labour, adopted in 1999, was added to the list of the fundamental Conventions. The Governing Body has also examined reports on the Office's assistance to the member States for the ratification and application of these instruments. The campaign has been a great success, with more than 335 new ratifications or confirmations of ratifications, undertaken by 130 countries. To date, of the Organization's 175 member States, 65 countries have ratified the eight fundamental Conventions, 45 have ratified seven, and increasing numbers of States continue to deposit ratifications of these instruments. The Worst Forms of Child Labour Convention, 1999 (No. 182), has now passed 100 ratifications, attaining the fastest ratification rate of any ILO Convention in its history, while the Minimum Age Convention, 1973 (No. 138), also continues to be ratified at a rapid pace, raising its level of ratification to that of the other fundamental Conventions. The campaign continues, and detailed periodic reports are submitted to the Governing Body each year.

56. The World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance took place in Durban, South Africa, from 31 August to 7 September 2001, with the active participation of the ILO. The Declaration and Programme of Action adopted (though at the time of the Committee's session the final versions were not yet available) recognizes the ILO's work in the area of combating discrimination. The Conference focused on three of the ILO's main concerns: workplace discrimination, discrimination against migrant workers and discrimination against indigenous and tribal peoples. The ILO will be considering follow-up measures to the Conference.

57. The ILO also participated in the Special Session of the General Assembly on HIV/AIDS, which took place from 25 to 27 June 2001. The ILO submitted a draft code of practice on HIV/AIDS to this Special Session, and it also signed a Memorandum of Understanding to become a co-sponsor of the UNAIDS organization.

58. The ILO participates in the observance by the United Nations system of international years and decades whenever they are relevant to its work. Mention may be made of the Third Decade to Combat Racism and Racial Discrimination (1993-2003), the International Decade of the World's Indigenous People (1994-2004) and the United Nations Decade for Human Rights Education (1995-2004).

59. The Office continues to provide technical support to two Danish-funded projects to promote the rights of indigenous and tribal peoples within the framework of relevant ILO standards, in particular Convention No. 169, and is also pursuing a number of other activities in this regard. The Committee notes that the Office has recently established an internal task force to consider in a more integrated fashion the questions that arise on this subject.

60. Further, the Office took active part in the 57th (March-April 2001) session of the United Nations Commission on Human Rights, and the 53rd (August 2001) session of the United Nations Sub-Commission on the Promotion and Protection of Human Rights. It also participated in meetings of several of their subsidiary organs, in particular the Sub-Commission's Working Groups on Indigenous Populations and on Contemporary Forms of Slavery.

61. In the context of strengthening its technical advisory services on human rights, the Office has maintained collaboration with the United Nations through the Office of the High Commissioner for Human Rights. It has also, through its International Training Centre in Turin, taken part in UN workshops on international human rights instruments reporting.

Questions concerning the application of Conventions

62. At its present session, the Committee examined the questions covered below. The Committee also considered the issues of home work, sexual harassment and the informal sector, which it intends to examine in greater depth at its next session.

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

63. In examining the application of the Employment Policy Convention, 1964 (No. 122), this year, the Committee notes the continuing trend of moving from passive to active labour market policies. Active measures, such as training, apprenticeships and placement services are being allocated a larger share of the total budget for addressing unemployment and employment promotion. Governments explain that this is due to the generally positive results achieved from the move to more active policies. Some member States, such as Belgium, also credit the increasing demand from jobseekers for measures designed to help them obtain lasting employment. Governments are increasingly realizing that merely placing stricter conditions on the receipt of unemployment benefit is not sufficient in itself in moving the unemployed into employment. They also need to provide quality services that bring about positive results for participants.

64. This realization is most striking in the area of placement services. In their reports a large number of governments identified improvement of public placement services (PES) as a top priority. Reasons stated range from the need to reduce frictional unemployment to the need to take more proactive measures to prevent people falling into long-term unemployment. Numerous governments are reorganizing the PES to improve its effectiveness. Some are also stressing the importance of tailoring services to the needs of the individual. For many jobseekers access to placement services remains a problem which governments are working to overcome, as reported for example by Brazil, the Republic of Korea and the Philippines. Governments are supporting development of non-governmental placement services and are looking for ways to monitor them and improve their cooperation with the PES. In this regard, the Committee draws attention to the provisions of the Private Employment Agencies Convention, 1997 (No. 181), and Recommendation (No. 188), which stress the importance of cooperation between the PES and private agencies to ensure more accurate information on labour market trends and highlight important issues involved in monitoring private agencies such as who should pay for certain services and the need to protect the privacy of registered jobseekers.

65. Numerous government reports, including those of Australia, Israel, Papua New Guinea and Ukraine, also stated the importance of providing high-quality placement services to employers to encourage them to register vacancies. The Committee welcomes these developments and encourages all member States to make quality placement services for both jobseekers and employers a cornerstone of their employment promotion policy.

66. Further to previous comments, the Committee notes the continuing trend in emphasizing the importance of education and training to help workers obtain the skills demanded in the labour market; see, for example, the comment on the application of Convention No. 122 by the Islamic Republic of Iran. The Committee continues to encourage innovation in provision of vocational training, particularly in expanding access and linking training more closely to employment promotion. It recalls that all Members were invited to consider the ratification of the Human Resources Development Convention, 1975 (No. 142). It also recalls that at its 91st Session (June 2003), the Conference will discuss the adoption of a new Recommendation on formulating and implementing human resources development polices, integrated with other economic and social policies, particularly employment policies; and the General Survey this Committee will carry out in 2003 will examine links between Conventions Nos. 122 and 142.

67. Numerous government reports contained interesting discussions on the need to reconsider notions of working time, as a potential means of promoting employment and also as an important aspect of decent work. Many measures adopted to reduce working time are motivated by the growing realization that there are many potential contributors to a productive economy, such as older workers and people with family responsibilities, who are not able to participate in the labour market because of a prevailing generally rigid approach to working time in their country. Governments are experimenting with various ways of reducing working time (see, for example, the comments on Belgium, Denmark, France, Japan, the Republic of Korea and the Netherlands). The Committee encourages member States that are considering adjustments to working time as a means of promoting employment to include in their reports information on the impact of this measure on employment creation.

68. Countries with ageing populations and increasing dependency ratios have reported that they are examining ways to promote employment of older workers. There is a growing realization that older workers have a great deal to contribute, and that they are more adaptable and willing to learn, and less costly to employ than often thought. The measures taken include extending the retirement age (Japan and the Republic of Korea), promoting employment of older workers in the framework of a comprehensive approach including additional concentration by the placement services on older jobseekers and research on issues of discrimination against older workers (Finland).

69. Of course, governments are paying considerable attention to other categories of workers, such as youth and women. Many government reports discussed at length programmes targeted at promoting employment of people with disabilities, although few had significant positive results to report. In a general observation last year for the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159), the Committee noted with interest various intergovernmental regional efforts to share information and resources for promoting employment for jobseekers with disabilities. It again encourages cooperative efforts to help this category of particularly challenged jobseekers, and draws attention in this respect to the Global Applied Disability Research and Information Network on Employment and Training (GLADNET), which collaborates with the Office and provides research from a range of countries and a learning forum for policy-makers and researchers. The Committee also welcomes the ILO code of practice on managing disability in the workplace, adopted by a tripartite committee of experts in October 2001.

70. Some governments mentioned in their reports efforts to promote employment of groups that generally are either overlooked or marginalized, including homeless people (Japan and the United Kingdom), immigrants (Japan and Norway) and indigenous peoples (Australia).

71. In all developing countries in which the Convention applies, in particular in Africa and Latin America, the informal sector represents an important part of the economy. Workers in the informal economy are among the most vulnerable and worst protected groups. The informal economy also has a high concentration of child labourers and women workers in low-productivity jobs with difficult working conditions. The Committee appreciates the fact that several governments' reports include information on the informal sector and programmes undertaken, often with assistance from the ILO, to promote productive employment and to integrate informal economy workers in the more modern sectors of the economy. In this respect, the Committee again notes that almost all governments mentioned in their reports the very important role of micro, small and medium-sized enterprises in creating jobs, as well as the contribution of self-employment to employment promotion (see, for example, Barbados, Costa Rica, and Uruguay). This is particularly true of rural areas and local economies that have historically depended on one industry. The Committee again welcomes these efforts and encourages all member States, in line with the Job Creation in Small and Medium-Sized Enterprises Recommendation, 1998 (No. 189), to examine ways in which they can provide further support to smaller scale producers as a means of promoting employment.

72. Further to previous comments, the Committee notes that numerous member States which have ratified the Convention have become eligible for debt relief under the programme for Highly Indebted Poor Countries (HIPC) sponsored by the World Bank and the International Monetary Fund, including El Salvador, Guinea, Honduras, Madagascar, Mauritania, Nicaragua and Uganda. The Committee notes that the majority of the countries that have been granted financial debt relief have explicitly cited employment promotion as a top priority in their Poverty Reduction Strategy Papers. The Committee trusts that the government concerned will give priority in its plans and programmes to the objectives of full employment and the promotion of decent work will constitute a key element of their strategy to tackle poverty.

73. The Committee welcomes the increased emphasis numerous governments are placing on consulting with workers and employers concerning employment promotion (e.g. Brazil, Hungary, Mozambique and the Netherlands). It continues to encourage all member States that have ratified the Convention to consult with the social partners and other affected groups at all stages, from development of policies to implementation and review of specific programmes.

74. Lastly, the Committee once again welcomes the cooperation between the Standards department and the Employment and Training Department in examining government's reports, and for information on the technical cooperation carried out by the Office in this regard.

Technical assistance in the field of standards

A. Direct contacts

75. Direct contacts missions were carried out during the past year to Cameroon and Guatemala.

B. Promotional activities

76. Since the last meeting of the Committee of Experts, several regional and subregional seminars and symposia on international labour standards and freedom of association have been held:

- subregional or national tripartite seminars on the implementation of Conventions Nos. 87 and 98 for export processing zones (EPZs) (Sri Lanka, January 2001, Dominican Republic, July 2001, India, October 2001);

- a national tripartite seminar on fundamental ILO standards (Islamic Republic of Iran, April 2001);

- an international labour standards seminar (Uruguay, May 2001);

- a subregional sensitization seminar on Conventions Nos. 87 and 98 (Uganda, May 2001);

- an East African subregional seminar on international labour standards for labour court judges (Uganda, May 2001);

- a national seminar for the promotion of the application of international labour standards (Jordan, May 2001); and

- a seminar on freedom of association in the dock sector, of countries of the Southern Cone of Latin America (Brazil, September 2001).

77. The International Labour Standards Department organizes an annual training course for government officials responsible for reporting on international labour standards. This training is held at the Turin Centre and in Geneva during the two weeks immediately preceding the June Conference. Many of the fellows stay on to participate in the work of the Conference Committee. This year the course was attended by 26 participants from 25 countries. Further, it is worth mentioning the recent training activities of the Turin Centre such as: a course for international lawyers and legal educators on international labour standards; a course on international labour standards, productivity improvement and enterprise development; a course on international labour standards and globalization; and one on the rights of women workers. The Turin Centre, in collaboration with the Freedom of Association Branch of the International Labour Standards Department, also launched a project to provide training in standards and procedures concerning freedom of association.

78. Other activities for the promotion of standards (participation in various meetings, the provision of technical advisory services, technical assistance, etc.) took place in the following countries: Angola, Argentina, Austria, Bahrain, Belarus, Belgium, Brazil, Bulgaria, China, Democratic Republic of the Congo, Costa Rica, Cuba, Dominican Republic, France, Hungary, Islamic Republic of Iran, Israel, Japan, Jordan, Kazakhstan, Republic of Korea, Lebanon, Madagascar, Malaysia, Mauritius, Mexico, Republic of Moldova, Norway, Philippines, Poland, Russian Federation, South Africa, Switzerland, Syrian Arab Republic, Thailand, Ukraine, United Kingdom, United States, Uruguay.

79. The promotion of standards is also realized through the ILO legal information system and in particular through ILOLEX (a database of international labour standards), and NATLEX (a database of national legislation regarding labour, social security and related human rights).

80. This year, the ILOLEX web site was redesigned to provide easier access to users. Furthermore, Arabic, Chinese and Russian versions of many Conventions and Recommendations are now available in the database. With regard to NATLEX, approximately 2,000 abstracts of national legislative texts on labour, social security and human rights matters from around 180 countries were introduced into the database during the course of last year. In addition, a number of full texts of laws were added, most notably on child labour. ILOLEX and NATLEX are available on the ILO web site (Endnote 12) and on CD-ROM. They respond to a monthly average of 100,000 outside requests for information. The Department also launched a pilot version of the International Labour Standards Electronic Library (ILSE) CD-ROM, which provides a browse version of ILO standards, General Surveys, the Handbook of procedures relating to international labour Conventions and Recommendations, and other reference documents.

C. Multidisciplinary advisory teams

81. The Committee notes that specialists in international labour standards are serving in the multidisciplinary advisory teams located in the following cities: Addis Ababa, Beirut, Harare, Lima, Manila, Moscow, New Delhi, Port-of-Spain, San José, Santiago (Chile) and Yaoundé. The Bangkok multidisciplinary team will again have such a specialist as from the beginning of next year, and specialists should shortly be appointed to the teams in Cairo and Dakar.

82. The Committee wishes to place particular emphasis on the essential role that international labour standards specialists play in the supervision of obligations deriving from Conventions and Recommendations as well as in the promotion of these standards. They contribute to increasing the number of reports in respect of ratified Conventions, and to providing member States assistance in preparing their requisite reports, and to ensuring that member States take appropriate action on Conventions and Recommendations communicated to them, particularly as regards the submission of instruments to the competent authorities. They also allow the supervisory bodies' comments to be followed up in an appropriate way. At the same time, the specialists carry out a whole range of activities to promote the ratification of international labour Conventions, and the application of international labour standards in general. For example, they organize seminars, workshops and training to raise awareness about international labour standards and in particular to acquaint national officials with the procedures for their supervision. They also assist governments in drafting domestic legislation so as to ensure that it is consistent with international labour standards.

83. The Committee also notes that the International Labour Standards Department has assisted by supplying the necessary technical back-up to the standards specialists in particular by facilitating missions to headquarters for consultations and enabling headquarters officials to undertake missions.

III. Respect for obligations

Reports on ratified Conventions

A. Supply of reports

84. 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.

85. In accordance with the decision to modify the regular supervisory procedures, adopted by the Governing Body at its 258th Session (November 1993), reports were requested this year from all ratifying states on 30 Conventions. (Endnote 13) These reports cover the period ending 1 September 2001. 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 14) 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.

Reports requested and received

86. A total of 2,313 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, 1,512 of these reports had been received by the Office. This figure corresponds to 65.37 per cent of the reports requested, compared with 71 per cent last year.

87. The Committee regrets that, as indicated in paragraphs 90 and 96 below, a number of the reports received are incomplete and do not allow it to make relevant comments. In addition, 390 reports were requested on Conventions declared applicable with or without modifications to non-metropolitan territories (article 35 of the Constitution). Of these, 237 reports, or 60.77 per cent, had been received by the end of the Committee's session, in comparison with 63 per cent last year.

88. Appendix I of the report lists the reports received and not received, classified by country/territory and by Convention. Appendix II shows, for each year in which the Conference has met since 1932, 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.

89. In some cases reports are not accompanied by copies of the relevant legislation, statistical data or other documentation necessary for their full examination. In cases 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

90. Most of the governments from which reports were due on the application of ratified Conventions have supplied most or all the reports requested (see Appendix I). However, no reports due have been received for the past two or more years from the following 13 countries: Afghanistan, Armenia, Bosnia and Herzegovina, Denmark (Faeroe Islands), Equatorial Guinea, Kyrgyzstan, Sao Tome and Principe, Sierra Leone, Solomon Islands, United Republic of Tanzania (Zanzibar), The former Yugoslav Republic of Macedonia, Turkmenistan, Uzbekistan. In addition, all or the majority of the reports due this year have not been received from the following 32 countries: Algeria, Antigua and Barbuda, Barbados, Belize, Bolivia, Cambodia, Comoros, Congo, Côte d'Ivoire, Democratic Republic of the Congo, Djibouti, Ethiopia, Fiji, France (New Caledonia), Grenada, Guinea, Haiti, Iraq, Kazakhstan, Liberia, Mongolia, Netherlands (Aruba), Nigeria, Paraguay, Saint Vincent and the Grenadines, Slovakia, Slovenia, Swaziland, Tajikistan, United Republic of Tanzania, United Republic of Tanzania (Tanganyika), Uganda, United Kingdom (Anguilla, Jersey).

91. The Committee urges the governments of these countries to make every effort to supply the reports requested on ratified Conventions. The Committee is aware that where no reports have been sent for some time, it is likely that administrative or other problems 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 through the specialists on international labour standards of the multidisciplinary advisory teams, could enable the government to overcome its difficulties.

Late reports

92. The Committee is increasingly concerned about the number of reports being received after the prescribed time period, especially given the large number of reports received this year. The reports due on ratified Conventions were to be sent to the Office between 1 June and 1 September 2001. 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.

93. 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.

94. 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 2001, the proportion of reports received was only 26 per cent. This percentage is lower than for its previous session (29 per cent) and the Committee is concerned over this fact, 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 which had previously been deferred.

95. The Committee wishes to draw attention to the importance of the governments transmitting reports within the prescribed time limits. 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 great strain on the supervisory process and effectively makes it impossible for some cases to be dealt with adequately or at all. These problems will continue to increase with the success of the ratification campaign on fundamental Conventions and an increase in the number of ratifications of other Conventions.

96. Furthermore, the Committee notes that a number of countries sent some or all of the reports due on ratified Conventions during the period between the end of the Committee's December 2000 session, and the beginning of the June 2001 session of the International Labour Conference, or even during the Conference. (Endnote 15) The Committee emphasizes that this practice disturbs the regular operation of the supervisory system and makes it more burdensome. It wished to provide the following list of those countries which followed this practice in 2000-01, as requested by the Conference Committee on the Application of Standards: Angola (Conventions Nos. 6, 106), Argentina (Conventions Nos. 71, 88), Barbados (Convention No. 29), Botswana (Conventions Nos. 14, 29, 87, 95, 98, 100, 105, 111, 138, 144, 151, 173, 176), Burundi (Convention No. 94), Cameroon (Conventions Nos. 29, 81, 87, 100, 158), Cape Verde (Conventions Nos. 100, 111), Central African Republic (Conventions Nos. 6, 11, 14, 17, 18, 19, 41, 52, 62, 81, 87, 95, 98, 101, 105, 111, 118), Chile (Conventions Nos. 29, 122, 127), Congo (Conventions Nos. 6, 14, 29, 87, 95), Costa Rica (Convention No. 114), Côte d'Ivoire (Convention No. 29), Cyprus (Convention No. 122), Czech Republic (Conventions Nos. 14, 29, 87, 89, 90, 100, 108, 115, 122, 124, 130, 132, 140, 148, 161), Democratic Republic of the Congo (Conventions Nos. 11, 12, 14, 19, 26, 27, 29, 62, 81, 84, 88), Denmark (Conventions Nos. 29, 94, 148), France (Conventions Nos. 29, 137), Gabon (Conventions Nos. 6, 29, 41, 52, 81, 87, 98, 100, 124, 135, 154, 158), Georgia (Conventions Nos. 29, 100, 105, 111, 117, 122, 142), Ghana (Conventions Nos. 111, 115, 149, 151), Greece (Convention No. 115), Hungary (Conventions Nos. 24, 122), India (Conventions Nos. 22, 29), Islamic Republic of Iran (Conventions Nos. 14, 29, 106), Jamaica (Conventions Nos. 29, 87, 98), Lesotho (Convention No. 100), Libyan Arab Jamahiriya (Convention No. 89), Malaysia: Sabah (Convention No. 16), Malaysia: Sarawak (Convention No. 16), Mali (Convention No. 81), Mauritania (Conventions Nos. 3, 14, 33, 81, 87, 91, 94, 102, 112, 114, 118, 122), Republic of Moldova (Convention No. 95), Netherlands: Netherlands Antilles (Conventions Nos. 14, 22, 23, 25, 29, 87, 90, 94, 95, 101, 106, 122), Niger (Conventions Nos. 14, 95), Paraguay (Convention No. 169), Peru (Convention No. 102), Slovakia (Conventions Nos. 52, 95, 98, 155), Slovenia (Conventions Nos. 97, 143), Swaziland (Convention No. 111), United Republic of Tanzania (Conventions Nos. 105, 138, 148, 154), United Arab Emirates (Convention No. 138), United Kingdom: Anguilla (Convention No. 87), Bermuda (Conventions Nos. 22, 23, 82, 87, 94, 115), Falkland Islands (Malvinas) (Conventions Nos. 14, 22, 23, 29, 87), Gibraltar (Conventions Nos. 22, 23, 87, 100), Guernsey (Conventions Nos. 22, 24, 25, 29, 56, 87, 97, 114, 115, 122), Isle of Man (Conventions Nos. 22, 23, 24, 25, 29, 56, 87, 97, 101, 122, 133), Montserrat (Convention No. 29), St. Helena (Conventions Nos. 14, 29, 87).

Supply of first reports

97. A total of 115 of the 198 first reports due on the application of ratified Conventions were received by the time that the Committee's session ended, compared to last year when 88 out of the 155 first reports had been received. 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 12 States: since 1992 - Liberia (Convention No. 133); since 1995 - Armenia (Convention No. 111), Kyrgyzstan (Convention No. 133); since 1996 - Armenia (Conventions Nos. 100, 122, 135, 151), Grenada (Convention No. 100), Uzbekistan (Conventions Nos. 47, 52, 103, 122); since 1998 - Armenia (Convention No. 174), Equatorial Guinea (Conventions Nos. 68, 92), Mongolia (Convention No. 135), Uzbekistan (Conventions Nos. 29, 100); since 1999 - Turkmenistan (Conventions Nos. 29, 87, 98, 100, 105, 111), Uzbekistan (Conventions Nos. 98, 105, 111, 135, 154); and since 2000 - Belize (Convention No. 14), Chad (Convention No. 151), Fiji (Conventions Nos. 144, 169), Ireland (Convention No. 172), Mongolia (Conventions Nos. 144, 155, 159).

98. 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. This is of particular importance in view of the Governing Body's decision at its 282nd Session to remove the automatic obligation to submit a second detailed report two years after the first report.

Replies to the comments of the supervisory bodies

99. 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 47 governments to which such letters were sent, only 15 have provided the information requested.

100. 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 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.

101. In all there were 437 cases of no response (concerning 45 countries). (Endnote 16) There were 389 such cases (concerning 42 countries) last year. It is bound to repeat the observations or direct requests already made on the Conventions in question.

102. 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 importance of ensuring the dispatch of the reports and replies to its comments on time.

B. Examination of reports

103. In examining the reports received on ratified Conventions and Conventions declared applicable to non-metropolitan territories, in accordance with its practice the Committee assigned, 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.

Observations and direct requests

104. 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 17)

105. 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 present reporting cycle, (Endnote 18) 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 2002.

106. 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 in Annex VII.

Practical application

107. As in previous years, the Committee has been concerned with assessing, on the basis of the information available, the extent to which ratified Conventions and the national legislation giving effect to them are 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.

108. To ensure that such information appears more systematically in the governments' reports, the Committee has asked the International Labour Office to solicit such information in a letter of reminder sent each time the reports received do not contain the information in question. The Committee hopes that, together with the more targeted technical assistance provided by the multidisciplinary advisory teams, this measure will be effective in increasing the number of reports containing such data. As a result, a more accurate assessment of the conditions of application of ratified Conventions in these countries will be possible. The Committee also has decided to discontinue addressing general direct requests to certain countries which have not replied to the questions on practical application which appear in the report forms.

109. The Committee has also taken into account other authoritative sources of information. These consist, in particular, of reports of the Committee on Freedom of Association, reports from other international or regional organizations, the annual reports of labour inspection services, statistical yearbooks published in the States or by the ILO, observations of employers' or workers' organizations, reports on direct contacts and reports on technical cooperation projects.

110. 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 46 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.

Cases of progress

111. 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 the adoption of necessary changes in a country's law or practice following comments by the Committee on the degree of conformity between national law or practice and the provisions of a ratified Convention. Details concerning the cases in question are to be found in Part II of this report and cover 37 instances in which measures of this kind have been taken in 24 countries. The full list is as follows:

List of the cases in which the Committee has been able to express its satisfaction at certain measures taken by the governments of the following countries:

State:

Argentina: Conventions Nos. 87, 98

Chile: Conventions Nos. 87, 98

Colombia: Convention No. 81

Croatia: Convention No. 102

Denmark: Conventions Nos. 29, 115

Egypt: Convention No. 73

Estonia: Convention No. 98

Germany: Convention No. 115

Guatemala: Conventions Nos. 87, 98

Indonesia: Convention No. 98

Iran, Islamic Republic of: Convention No. 106

Italy: Convention No. 127

Japan: Convention No. 98

Malta: Convention No. 77

Mauritius: Convention No. 175

Moldova, Republic of: Conventions Nos. 87, 98, 135, 154

Morocco: Convention No. 98

Portugal: Conventions Nos. 77, 171

Saint Lucia: Convention No. 87

Slovakia: Convention No. 87

Sri Lanka: Conventions Nos. 98, 115

Syrian Arab Republic: Conventions Nos. 11, 87, 96, 98

Tunisia: Convention No. 124

Non-metropolitan territories

France: French Guiana: Convention No. 81

France: French Polynesia: Convention No. 81

112. 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 2,312 since the Committee began listing them in its reports in 1964.

113. In addition, there have been 139 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. Details concerning the cases in question are to be found in Part II of this report and in the requests addressed directly to governments concerned and cover 139 instances in which measures of this kind have been taken concerning 80 countries. The full list is as follows:

List of the cases in which the Committee has been able to note with interest various measures taken by the governments of the following countries:

State:

Albania: Convention No. 87

France: Conventions Nos. 22, 29, 81, 139

Algeria: Conventions Nos. 81, 95

Germany: Conventions Nos. 22, 29

Australia: Conventions Nos. 29, 98, 100, 122

Ghana: Conventions Nos. 74, 103

Bangladesh: Conventions Nos. 98, 107

Greece: Conventions Nos. 81, 100, 134

Barbados: Convention No. 81

Honduras: Convention No. 81

Belarus: Conventions Nos. 98, 100

Hungary: Conventions Nos. 100, 127

Benin: Conventions Nos. 97, 105

Indonesia: Conventions Nos. 87, 100

Botswana: Convention No. 100

Iran, Islamic Rep. of: Convention No. 19

Brazil: Conventions Nos. 100, 111

Ireland: Conventions Nos. 81, 100

Bulgaria: Convention No. 62

Israel: Convention No. 98

Burkina Faso: Conventions Nos. 81, 100

Italy: Conventions Nos. 81, 97, 134

Cameroon: Conventions Nos. 81, 87

Jamaica: Convention No. 8

Canada: Conventions Nos. 100, 105

Japan: Conventions Nos. 122, 156

Cape Verde: Convention No. 81

Kenya: Convention No. 149

Chile: Convention No. 162

Korea, Rep. of: Convention No. 122

Colombia: Convention No. 129

Kuwait: Convention No. 87

Costa Rica: Conventions Nos. 81, 111

Latvia: Convention No. 13

Croatia: Conventions Nos. 73, 100

Lebanon: Convention No. 98

Cyprus: Conventions Nos. 97, 152, 155

Luxembourg: Conventions Nos. 69, 73

Czech Republic: Conventions Nos. 11, 100

Madagascar: Convention No. 98

Denmark: Convention No. 81

Malawi: Conventions Nos. 87, 97, 100

Djibouti: Conventions Nos. 100, 106

Mauritania: Convention No. 122

Dominican Republic: Conventions Nos. 81, 106, 111

Mexico: Convention No. 111

Ecuador: Convention No. 81

Moldova, Rep. of: Convention No. 87

El Salvador: Conventions Nos. 81, 111

New Zealand: Conventions Nos. 81, 100, 134

Finland: Convention No. 16

Nigeria: Convention No. 97

Pakistan: Conventions Nos. 81, 87

Swaziland: Convention No. 87

Peru: Conventions Nos. 111, 152

Sweden: Convention No. 97

Philippines: Convention No. 87

Switzerland: Conventions Nos. 81, 100

Poland: Convention No. 95

Syrian Arab Republic: Convention No. 115

Portugal: Conventions Nos. 81, 100, 129, 149

Tanzania, United Rep. of: Convention No. 154

Russian Federation 108, 156: Conventions Nos. 108, 156

Trinidad and Tobago: Convention No. 111

Rwanda: Conventions Nos. 11, 87

Uganda: Convention No. 122

Saint Lucia: Convention No. 97

Ukraine: Convention No. 29

Saudi Arabia: Convention No. 106

United Kingdom: Conventions Nos. 81, 100, 105, 115

Slovenia: Conventions Nos. 29, 148

Uruguay: Conventions Nos. 81, 134

South Africa: Convention No. 111

Venezuela: Conventions Nos. 81, 97

Spain: Conventions Nos. 81, 134, 140

Zambia: Convention No. 103

Sri Lanka: Convention No. 81

Zimbabwe: Convention No. 100

Suriname: Convention No. 62

Non-metropolitan territories

France: French Guiana: Convention No. 81

Netherlands: Aruba: Convention No. 81

France: French Polynesia: Convention No. 149

United Kingdom: Gibraltar: Convention No. 100

France: Martinique: Conventions Nos. 81, 129

114. 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.

Role of employers' and workers' organizations

115. At each session, the Committee draws the attention of governments to the important role of employers' and workers' organizations in the application of Conventions and Recommendations. Moreover, it highlights the fact that numerous Conventions require consultation with employers' and workers' organizations, or their collaboration in a variety of measures. The Committee notes 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 Office. Almost all governments have indicated the organizations to which they have communicated copies of the information supplied to the Office on the submission to the competent authorities of the instruments adopted by the Conference.

116. In accordance with established practice, in March 2001 the Office sent to the representative organizations of employers and workers a letter outlining 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

117. Since its last session, the Committee has received 195 observations (compared to 311 last year), 34 of which were communicated by employers' organizations and 161 by workers' organizations. The Committee stresses the importance it attaches to this contribution by employers' and workers' organizations to the tasks of the supervisory bodies, which is essential for the Committee's evaluation of the application of ratified Conventions in law and in practice. It therefore hopes that employers' and workers' organizations are fully aware of this possibility and invites them to make greater use of it to continue and to augment their contribution to the supervisory system.

118. The majority of observations received (180) relate to the application of ratified Conventions (see Appendix III). Fifteen observations relate to the reports provided by governments under article 19 of the Constitution of the ILO relating to the Dock Work Convention (No. 137) and Recommendation (No. 145), 1973. (Endnote 19)

119. The Committee notes that, of the observations received this year, 98 were transmitted directly to the Office which, in accordance with the practice established by the Committee, referred them to the governments concerned for comment. In 90 cases the governments transmitted the observations with their reports, sometimes adding their own comments.

120. 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, in particular to allow reasonable time for the governments concerned to make comments.

121. The Committee notes that in most cases the employers' and workers' organizations endeavoured to gather and present precise elements of law and fact on the application in practice of ratified Conventions. The Committee recalls that for the purpose of its examination it is important for organizations to give adequate details.

122. The Committee notes that the matters dealt with in these observations have touched on a very wide range of Conventions. 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.

123. The Committee notes that, with 103 ratifications, the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), is now binding on over half the member States. In its General Survey on this subject in 1999, (Endnote 20) the Committee emphasized that tripartite dialogue is essential in carrying out all the work of the ILO. The Committee hopes that many other countries will envisage ratifying Convention No. 144 in the near future.

Submission of Conventions and Recommendations to the competent authorities

124. 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 the instruments on the worst forms of child labour (Convention No. 182 and Recommendation No. 190), adopted by the Conference at its 87th Session (June 1999);

(b) information on the steps taken to submit to the competent authorities the instruments on maternity protection (Convention No. 183 and Recommendation No. 191), adopted by the Conference at its 88th Session (May-June 2000);

(c) additional information on the steps taken to submit to the competent authorities the instruments adopted by the Conference from its 31st Session (1948) to its 87th Session (June 1999) (Conventions Nos. 87 to 182, Recommendations Nos. 83 to 190 and the Protocols); and

(d) replies to the observations and direct requests made by the Committee at its previous session (November-December 2000).

125. The table in Appendix IV of Part Two of this report shows the position of each member State on the basis of the information supplied by governments regarding the obligation to submit instruments adopted by the Conference to the competent authorities. Appendix V shows the overall situation with regard to the instruments adopted since the 31st Session of the Conference (June 1948). Appendix VI contains a summary indicating, where the information has been provided, the name of the competent authority and the date of the submission of the instruments adopted by the Conference at its 87th and 88th Sessions (June 1999 and May-June 2000).

A. 87th Session

126. In response to the Director-General's appeal for the highest priority to be given to the ratification of the Worst Forms of Child Labour Convention, 1999 (No. 182), some governments were particularly prompt in providing information on the steps taken with a view to the submission of this instrument, adopted by the Conference on 17 June 1999 at its 87th Session. The period of 12 months within which the instruments adopted in June 1999 were to be submitted to the competent authorities expired on 17 June 2000, and the period of 18 months on 17 December 2000. The Committee notes with interest the information on submission to the competent authorities provided by the following 78 States, in addition to those mentioned in its last report: Algeria, Angola, Austria, Azerbaijan, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Botswana, Bulgaria, Burkina Faso, Burundi, Canada, Central African Republic, Chad, China, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, El Salvador, Ethiopia, Finland, Germany, Ghana, Greece, Guatemala, Guinea-Bissau, Guyana, Hungary, Indonesia, Islamic Republic of Iran, Jamaica, Japan, Republic of Korea, Lebanon, Libyan Arab Jamahiriya, Lithuania, Luxembourg, Mauritania, Mauritius, Mexico, Republic of Moldova, Mongolia, Myanmar, Namibia, Netherlands, New Zealand, Nicaragua, Norway, Papua New Guinea, Paraguay, Romania, Russian Federation, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, San Marino, Saudi Arabia, Singapore, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sudan, Syrian Arab Republic, Tunisia, Turkey, Ukraine, United Kingdom, United States, Uruguay, Viet Nam.

B. 88th Session

127. The instruments on maternity protection adopted at the 88th Session (May-June 2000) of the Conference were to be submitted to the competent authorities within one year or, under exceptional circumstances, within 18 months of the close of the session, the final dates for submission being 15 June 2001 and 15 December 2001, respectively. The following 61 governments have provided information on the steps taken with a view to the submission of the Maternity Protection Convention (No. 183), and Recommendation (No. 191), 2000, to the authorities which they consider competent: Albania, Antigua and Barbuda, Bahrain, Barbados, Belarus, Benin, Botswana, Bulgaria, Canada, Costa Rica, Czech Republic, Dominican Republic, Ecuador, Egypt, Estonia, Finland, Germany, Greece, Islamic Republic of Iran, Israel, Italy, Japan, Jordan, Republic of Korea, Kuwait, Latvia, Lebanon, Lithuania, Malaysia, Malta, Mauritius, Mexico, Republic of Moldova, Morocco, Namibia, Netherlands, New Zealand, Nicaragua, Norway, Oman, Philippines, Poland, Romania, Russian Federation, Rwanda, Saudi Arabia, Senegal, Seychelles, Singapore, Slovakia, Slovenia, Sudan, Switzerland, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, United Arab Emirates, United Kingdom, Viet Nam. The Committee notes that the first two ratifications of Convention No. 183 having been registered, this instrument will come into force on 2 February 2002.

C. 31st to 86th Sessions

128. The Committee welcomes the special efforts made, particularly by the Governments of Honduras, Kenya, Lesotho and the Seychelles, for the submission to the competent authorities of the instruments adopted by the Conference over several sessions.

D. General aspects

129. This year once again, the Committee is pleased to be able to note that 130 Members have already submitted the instruments adopted by the Conference at its 87th Session, namely the Worst Forms of Child Labour Convention (No. 182) and Recommendation No. 190, 1999, and that, to date, the Office has registered more than 100 ratifications of Convention No. 182. Thanks to the timely submission of the instruments as prescribed by the ILO Constitution and to the initiatives taken by the Director-General and the Office to promote its ratification, this fundamental Convention has received a very large number of ratifications, which constitutes a contribution to the promotion of fundamental rights at work. The Committee hopes that these results will serve both to enhance fulfilment of the constitutional obligation to submit instruments, and to promote dissemination of the standards adopted by the Conference and the ratification of recent Conventions.

130. The Committee again refers to the general considerations it formulated in November-December 1998 on the manner in which the obligations relating to the submission to the competent authorities of the instruments adopted by the Conference are being met. During the discussion in the Committee on the Application of Standards at the 89th Session of the Conference (June 2001) in which several instances of very long delays in submitting were noted, the Employer and Worker members reiterated the importance of bringing the instruments adopted by the Conference to the knowledge of parliamentary bodies within the time limit established by the Constitution of the Organization, while recalling that governments nonetheless remain entirely free to propose any action which they may judge appropriate in respect of the instruments adopted by the Conference.

131. The Committee emphasizes that the specific aim of submission - to acquaint parliamentary bodies with the instruments in question - in no way affects the freedom of decision of the competent state body regarding ratification of a Convention. Whether the decision is for or against ratification, the procedures that submission entails afford the national authorities and the social partners an opportunity to examine thoroughly the instruments adopted by the Conference. Furthermore, referral to parliamentary bodies serves to inform the machinery of State about the instruments adopted by the Conference and to make public opinion aware of the standards set by the ILO.

132. Lastly, under the terms of article 23, paragraph 2, of the Constitution, Members must ensure that the representative organizations of employers and of workers receive copies of any communications addressed to the ILO concerning the submission to the competent authorities of instruments adopted by the Conference. This provision is designed to enable employers' and workers' organizations to formulate their own observations on the action that has been taken or needs to be taken with regard to the instruments in question.

E. Comments of the Committee and replies from governments

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

134. The Committee wishes to emphasize once again the importance of the communication by governments of the information and documents called for in points I and II of the questionnaire at the end of the Memorandum concerning the obligation to submit Conventions and Recommendations to the competent authorities, adopted by the Governing Body in 1980. The Committee should be able to examine a summary or a copy of the documents by which the instruments have been submitted to the parliamentary bodies and the proposals made as to the effect to be given to the instruments adopted by the Conference. The Committee stresses that the obligation to submit is not completed until the instruments adopted by the Conference have been submitted to the Parliament and a decision has been taken with respect to them. This decision and the information on the submission must be communicated to the Office. The Committee trusts that the governments concerned will take suitable measures, as proposed in the observations and direct requests addressed to them.

F. Special problems

135. The Committee notes with regret that the governments of the following 20 countries have not provided information indicating that the instruments adopted at the last seven sessions at least (from the 81st to 87th Sessions) have in fact been submitted to the competent authorities: Afghanistan, Armenia, Bolivia, Cambodia, Cameroon, Comoros, Congo, Grenada, Haiti, Kazakhstan, Kyrgyzstan, Latvia, Sao Tome and Principe, Sierra Leone, Solomon Islands, Somalia, Suriname, Syrian Arab Republic, Turkmenistan, Uzbekistan.

136. The Committee further notes that some States which have ratified Convention No. 182 and which were mentioned in previous reports (Angola, Belize, Bosnia and Herzegovina, Central African Republic, Dominica, Guinea-Bissau, Madagascar, Mali, Pakistan, Saint Lucia, Senegal) still have instruments to submit from over seven sessions of the Conference.

137. It is a source of deep concern to the Committee that these countries, as most of the situations referred to in the observations in Part III of this report illustrate, have accumulated such a long backlog. Indeed, there is a danger that some of them may find it very difficult, or even impossible, to bring themselves up to date. Furthermore, neither the legislative authorities nor public opinion in these countries are regularly informed of the existence of new instruments as they are adopted by the Conference, which defeats the real purpose of the obligation of submission as explained in the preceding paragraphs.

138. The nature and the scope of the obligation to submit instruments has been recalled in individual observations made to certain States, taking into account the explanations provided by them in their reports. The Committee expresses the firm hope, as did the Conference Committee, that the governments concerned will act promptly to submit the instruments adopted at the sessions concerned and that it will be able to note progress achieved in this respect in its next report. Lastly, the Committee recalls the possibility available to governments to call on the Office for the technical assistance that it is able to provide in order to endeavour to resolve this type of problem, particularly through the multidisciplinary advisory teams.

Instruments chosen for reports under article 19 of the Constitution

139. In accordance with the decisions taken by the Governing Body, governments were requested to supply reports under article 19 of the ILO Constitution on the Dock Work Convention (No. 137) and Recommendation (No. 145), 1973.

140. A total of 328 reports were requested and 163 received. (Endnote 21) This represents 49.7 per cent of the reports requested.

141. 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 the following 22 countries: Afghanistan, Bosnia and Herzegovina, Equatorial Guinea, Fiji, Georgia, Grenada, Guinea, Guinea-Bissau, Iceland, Iraq, Lao People's Democratic Republic, Liberia, Nigeria, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Sao Tome and Principe, Sierra Leone, Solomon Islands, The former Yugoslav Republic of Macedonia, Turkmenistan, Uzbekistan.

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

143. Part Three of this report (issued separately as Report III (Part 1B)) contains the General Survey on dock work. In accordance with the practice followed in previous years, the survey has been prepared on the basis of a preliminary examination by a working party comprising four persons appointed by the Committee from among its members.

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

Geneva, 7 December 2001.

(Signed)

Sir William Douglas, Chairperson.

E. Razafindralambo, Reporter.

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

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Endnote 16

Endnote 17

Endnote 18

Endnote 19

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Endnote 21