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 73rd Session in Geneva from 28 November to 13 December 2002. 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),

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 PIÑERO Y BRAVO FERRER (Spain),

Mr. Amadou SÔ (Senegal),

Mr. Boon Chiang TAN (Singapore),

Mr. Budislav VUKAS (Croatia),

Mr. Toshio YAMAGUCHI (Japan),

3. The Committee elected Ms. Robyn Layton, QC, as Chairperson and Mr. Edilbert Razafindralambo as Reporter. (Endnote 1)

Working methods

4. 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:

(a) 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;

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

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

5. 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 83 to 118 below), on the application of Conventions in non-metropolitan territories (see section II and paragraphs 83 to 118 below), and on the obligation to submit instruments to the competent authorities (see section III and paragraphs 119 to 133 below);

(c) Part Three, which is published in a separate volume (Report III (Part 1B)), consists of a General Survey on the Protection of Wages Convention, 1949 (No. 95) and Recommendation (No. 85), on which governments were requested to submit reports under article 19 of the ILO Constitution.

6. 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 of independence, objectivity and impartiality as described in its previous reports. It also continues to apply the working methods recalled in its 1987 report. (Endnote 2)

Subcommittee on working methods

7. Furthermore, since 1999, the Committee has undertaken a thorough examination of its working methods. In 2001, 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. Last 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 3)

8. At this session, the Committee of Experts considered the recommendations of its subcommittee, prepared after a wide-ranging review of the Committee's work, to which all members of the Committee had had an opportunity to contribute during the year. There was, firstly, unanimous endorsement of the need for the Committee to maintain its independence, impartiality and objectivity in carrying out its work, and of the overall importance of these features of the ILO supervisory mechanisms. Secondly, with a view to promoting the visibility and influence of the Committee and its work, members expressed an interest, where appropriate, in participating in field missions and in contributing to international conferences or to seminars providing training in areas relevant to their work. Thirdly, the Committee agreed on a number of significant changes relating to its working methods, all of which have the following aims:

(a) furthering the Committee's diversity;

(b) increasing the synergy between experts and in particular between those experts working on linked groups of Convention;

(c) ensuring the most effective working methods during particular high-pressure periods of work;

(d) implementing further changes to its annual report, making it more accessible to those who read it; and

(e) continuing to foster cooperation and good relations between the Committee of Experts and the Committee on the Application of Standards.

It was further agreed that, from now on, the subcommittee should continue to meet annually, as and when necessary, to monitor these reforms, to report to the Committee on their implementation and to recommend any further changes which may be necessary in the future.

9. 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 72nd Session as an observer in the general discussion of the Committee on the Application of Standards of the 90th Session of the International Labour Conference (June 2002). It noted the request by the abovementioned Committee for the Director-General to renew this invitation for the 91st Session of the International Labour Conference (June 2003). The Committee accepted the invitation.

10. The Chairperson of the Committee of Experts invited the Employer and Worker Vice-Chairpersons of the Committee on the Application of Standards of the 90th 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

11. 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 at its 90th Session and the coming into force of Conventions

12. The Committee notes that, at its 90th Session (June 2002), the International Labour Conference adopted the Promotion of Cooperatives Recommendation (No. 193), the List of Occupational Diseases Recommendation (No. 194), and the Protocol of 2002 to the Occupational Safety and Health Convention, 1981.

13. No Conventions entered into force in 2002.

C. Withdrawal of Recommendations decided by the Conference at its 90th Session

14. The Committee notes that, pursuant to article 45bis of its Standing Orders adopted in June 1997, the Conference has withdrawn 20 outdated Recommendations. They cover the following subjects: employment policy (Recommendations Nos. 1, 11, 45, 50, 51 and 73); employment services and agencies (Recommendations Nos. 42 and 72); vocational guidance and training (Recommendations Nos. 15 and 56); labour inspection (Recommendations Nos. 5, 54 and 59); and hours of work (Recommendations Nos. 37, 38, 39, 63, 64, 65 and 66). The Committee recalls that the Governing Body decided by consensus to regard these instruments as outdated on the basis of the analysis and recommendations of the Working Party on Policy regarding the Revision of Standards.

D. Policy on standards

15. The Committee notes that, in the course of the ongoing discussion on possible improvements in ILO standards-related activities, at its 283rd Session (March 2002), the Governing Body pursued its examination of modifications to the standards-related reporting system. Following its sessions of November 2001 and March 2002, (Endnote 4) the Governing Body approved a new arrangement for grouping Conventions by subject for reporting purposes. The Governing Body also noted that Conventions could be grouped, under the new arrangement, into two-year and five-year reporting cycles. The Office was invited to proceed with the arrangements for grouping Conventions as from 2003, and to report to the Committee on Legal Issues and International Labour Standards (LILS) after five years. (Endnote 5)

16. The Committee also notes that in March 2002, the Governing Body conducted an overview of the discussions and decisions on ILO standards-related activities that have taken place since the beginning of the current process of review. (Endnote 6) It was thus able to take stock of results obtained and define its future work programme. In accordance with that programme, in November 2002 the Governing Body dealt with the question of technical assistance and promotional activities related to international labour standards. (Endnote 7) It is to complete its consideration of that question in November 2003. The other subjects which it will examine in forthcoming sessions are:

- issues related to the content, drafting and preparation of Conventions and Recommendations (at the 286th (March 2003) Session of the Governing Body);

- in-depth review on the procedures and products under article 19 of the Constitution, paragraphs 5(e), 6(d), 7(b)(iv) and 7(b)(v) (at a later session of the Governing Body in 2003 or 2004);

- in-depth review of article 24 procedures (at a later session of the Governing Body in 2003 or 2004).

17. The Committee notes that at the same session the Governing Body decided to place on the agenda of the 92nd Session (2004) of the International Labour Conference the question of migrant workers with a view to a general discussion based on an integrated approach.

18. The Committee notes that March 2002 also marked the end of the work of the Working Party on Policy regarding the Revision of Standards of the Committee on Legal Issues and International Labour Standards which had been established seven years previously. (Endnote 8) The Committee wishes to stress the importance of follow-up measures to this work, particularly with regard to the promotion of standards which are up to date. In the context of follow-up measures, the Committee notes that the 1997 amendment to the Constitution to allow withdrawal of outdated Conventions in the interests of a more modern and strengthened body of standards, has to date (Endnote 9) been ratified or accepted by 74 member States, and commends the campaign launched by the Director-General to secure ratification.

E. Ratifications and denunciations

Ratifications

19. The list of ratifications by Convention and by country (Endnote 10) indicates a total of 7,000 ratifications as at 31 December 2001. From 1 January 2002 to the end of the Committee's session on 13 December 2002, 84 ratifications had been received from 42 countries.

Denunciations

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

Table 1:

State:a

Mexico:

Norway:

Paraguay:

Slovakia:

Table 2: Denunciations resulting from the ratification of a revising Convention (Endnote 11)

State:

Brazil

Mali:

Mauritania:

Nigeria:

Portugal:

Swaziland:

Ukraine:

Declaration

21. The Netherlands made declarations on behalf of the Netherlands Antilles and Aruba, terminating the acceptance of the obligations of the Night Work (Women) Convention (Revised), 1948 (No. 89), and of the Labour Inspection (Agriculture) Convention, 1969 (No. 129), respectively.

Notifications

22. The Director-General has registered notifications from China concerning the application without modification of the Worst Forms of Child Labour Convention, 1999 (No. 182), to the Special Administrative Region of Hong Kong and to the Special Administrative Region of Macau.

Constitutional and other procedures

23. 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)

24. 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).

25. The Committee notes that in the wake of an ILO technical cooperation mission, the Government of Myanmar entered into an understanding with the International Labour Office. Under this understanding, the Director-General decided to appoint an ILO Liaison Officer to Myanmar. This Liaison Officer is responsible for conducting all activities relevant to the prompt and effective elimination of forced labour. At its 283rd Session (March 2002), the Governing Body endorsed this understanding, underlining that it was only a first step towards full and effective ILO representation. First, the Interim Liaison Officer's activities were described in the Interim Liaison Officer's Report to the Conference Committee on the Application of Standards in June 2002. Subsequently, on 4 September 2002, Ms. Hông-Trang Perret-Nguyen was appointed Liaison Officer and reported to the Governing Body at its November 2002 session.

26. The Committee further notes that at its 285th Session (November 2002), the Governing Body expressed a desire to see concrete action regarding the abolition of forced labour in Myanmar before serious consideration could be given to the removal of the 1999 ILC resolution under article 33 of the Constitution. The Governing Body expressed satisfaction that the Government of Myanmar would welcome the visit of an ILO mission to follow up on the previous discussion between the Office and the authorities regarding a possible programme of action. The Governing Body also noted that such a mission should take into account the ideas and suggestions made by the High-Level Team that went to Myanmar in 2001. However, the Governing Body noted that it would remain up to the Office to judge when the Liaison Officer's preparatory work in Myanmar was sufficiently advanced for a mission to be fruitful. The Committee notes that in conclusion, the Governing Body reiterated that the Government of Myanmar committed itself to, with the Office's assistance, converting its words into concrete action so that visible progress regarding the forced labour situation would be made.

27. The Committee notes that pursuant to the resolution adopted by the Conference at its 88th Session, the Conference Committee on the Application of Standards held a special session devoted to the issue of the application by the Government of Myanmar of the Forced Labour Convention, 1930 (No. 29). The Committee notes the conclusions of the Conference Committee. In particular, the Conference Committee noted with satisfaction the cooperation of the Government with the High-Level Team and the appointment of the Interim Liaison Officer. On the other hand, the Conference Committee emphasized the urgent need for real progress, both procedural and substantive and noted the Government's failure to give practical effect to proposals of the High-Level Team regarding murder victims in Shan State and regarding the establishment of independent mediation as a means of recourse for future victims of forced labour. Finally, the Conference Committee noted that the Government would have to supply a detailed report to the Committee of Experts at its present session (November-December 2002) describing all the measures adopted to ensure compliance with the Convention in law and practice.

28. 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

29. Since the last meeting of the Committee of Experts, two representations have been received from a number of different workers' organizations alleging non-observance by Mexico of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), adding to the two other representations already declared receivable.

Member State:

Guatemala:

Mexico:

C. Complaints submitted under article 26 of the ILO Constitution

Complaint against Colombia

30. Since the last meeting of the Committee of Experts, three reports on the Special Technical Cooperation Programme for Colombia have been submitted to the Governing Body. At its March, June and November 2002 sessions, the Committee on Freedom of Association submitted to the Governing Body reports which included the examination of Colombian cases (see the 327th, 328th and 329th Reports of the Committee on Freedom of Association). (Endnote 12)

D. Special procedures concerning freedom of association

31. At each of its last meetings (March, June and November 2002), the Committee on Freedom of Association had before it an average of some 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 (327th, 328th and 329th Reports). Many of these cases have been before the Committee on several occasions. Moreover, since the last meeting of the Committee of Experts, over 60 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 the Republic of Korea, Paraguay, Romania and Venezuela.

32. The Committee on Freedom of Association drew the attention of the Committee of Experts to the legislative aspects of the following cases: Nos. 2140 (Bosnia and Herzegovina), 2145 (Canada), 2141 (Chile), 2068 (Colombia), 2138 (Ecuador), 2100 (Honduras), 2114, 2177 and 2183 (Japan), 2078 (Lithuania), 2133 (The former Yugoslav Republic of Macedonia), 2126 (Turkey) and 2087 (Uruguay).

33. In addition, the Committee noted that the Committee on Freedom of Association, at its meeting of March 2002, had held an in-depth discussion of its procedures and had formulated a series of proposals to improve its working methods, which were in turn approved by the Governing Body.

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

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

- the Radiation Protection Convention, 1960 (No. 115), to the International Atomic Energy Agency (IAEA);

- the Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117), to the United Nations Food and Agriculture Organization (FAO), the United Nations Educational, Scientific and Cultural Organization (UNESCO) and the United Nations, with a copy to the Office of the High Commissioner of the United Nations for Human Rights;

- the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134), and the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147), to the International Maritime Organization (IMO);

- the Rural Workers' Organisations Convention, 1975 (No. 141), to FAO and the United Nations, with a copy to the Office of the High Commissioner of the United Nations for Human Rights;

- the Human Resources Development Convention, 1975 (No. 142), to UNESCO;

- the Nursing Personnel Convention, 1977 (No. 149), to the World Health Organization (WHO);

- the Indigenous and Tribal Peoples Convention, 1989 (No. 169), to FAO, UNESCO, the United Nations and WHO, with copies to the Inter-American Indian Institute of the Organization of American States and the Office of the High Commissioner of the United Nations for Human Rights.

35. In accordance with the established practice, representatives of these organizations were invited to attend the sittings of the Committee of Experts in which the application of these Conventions was discussed.

B. United Nations treaties concerning human rights

36. The Office regularly sends written reports and submits oral information, in accordance with existing arrangements with each one of them, to the various bodies responsible for the application of United Nations Conventions that are relevant to the ILO's mandate. These bodies constitute the supervisory machinery established by the United Nations to examine reports which governments are required to submit at regular intervals on each of the UN instruments that they have ratified. Since the Committee's last meeting, the following activities have been undertaken:

- 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 Discrimination against Women (three sessions);

- the International Convention on the Elimination of All Forms of Racial Discrimination (two sessions);

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

37. The Office has established productive relationships with all these committees, and each of them regularly refers to information provided by the ILO and recommends the ratification of appropriate ILO Conventions or measures to apply them more fully.

38. The Office was also represented at the 14th Meeting (June 2002) of Chairpersons of the United Nations Treaty Bodies to discuss closer cooperation between the UN treaty 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 Ninth 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

39. In accordance with the supervisory procedure established under article 74(4) of the Code, and the arrangements made between the ILO and the Council of Europe, the Committee of Experts examined 17 reports on the application of the European Code of Social Security and, as appropriate, its Protocol. It noted that the States parties to the Code and the Protocol continue in large measure to apply them. At the sitting in which the Committee examined the reports on the European Code of Social Security and its Protocol, the Council of Europe was represented by Ms. Michelle Akip. The conclusions of the Committee regarding these reports will be sent to the Council of Europe.

40. 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, in the capacity of technical counsellors held in Strasbourg (France) in September 2002, 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

41. In the context of its collaboration with the Council of Europe, a representative of the ILO participated in the course of 2002, 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, Latvia ratified the European Social Charter. Albania, Finland and Poland ratified the European Social Charter (revised) and Iceland ratified the Protocol amending the European Social Charter.

D. Matters relating to human rights

42. Interest in international labour standards continues to increase outside the ILO and there is a growing conviction in other international organizations that sustainable economic development cannot take place without careful attention to the situation of workers, particularly in an economy undergoing the effects of globalization.

43. The Committee will recall that the Governing Body decided, at its March-April 1995 session, to collect information on the ratification situation of the ILO Conventions dealing with fundamental human rights (Conventions Nos. 29 and 105, 87 and 98, 100 and 111, and 138 and 182, the last having been added after its adoption in 1999) and, at its subsequent sessions, examined reports collating the replies of member States to the Director-General's letter calling for their universal ratification. The Governing Body has also examined reports of 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 400 new ratifications or confirmations of ratifications previously applicable, undertaken by 130 countries. To date, of the Organization's 175 member States, 83 countries (18 more than a year ago), have ratified the eight fundamental Conventions, 37 have ratified seven, and increasing numbers of States continue to deposit ratifications of these instruments. Among the eight fundamental Conventions, the Worst Forms of Child Labour Convention, 1999 (No. 182), has now acquired 132 ratifications, attaining the fastest ratification pace of any ILO Convention in its history, while the Minimum Age Convention, 1973 (No. 138), also continues to be ratified at a rapid pace and approaches the levels of ratification of the other fundamental Conventions. The campaign continues, and detailed periodic reports are submitted to the Governing Body each year.

44. 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 (1995-2004) and the United Nations Decade for Human Rights Education (1995-2004).

Questions concerning the application of Conventions

A. Fiftieth anniversary of the Social Security (Minimum Standards) Convention, 1952 (No. 102)

45. Fifty years ago, in June 1952, the International Labour Conference adopted the Social Security (Minimum Standards) Convention, 1952 (No. 102). For the first time in the history of international law, this Convention laid the basis for a system of social security unified by common principles of organization and intended to guarantee a minimum level of protection sufficient to maintain the beneficiary and his family in health and decency.

46. The ILO's standard-setting activities in the field of social security go back to the origins of the Organization. From its creation, social security has been a priority for the ILO, with the preamble to the Constitution setting forth as from 1919 the need to improve conditions of labour in respect, for example, to the "prevention of unemployment" and the "protection of the worker against sickness, disease and injury arising out of his employment".

47. The adoption of the ILO's series of social security standards (31 Conventions and 15 Recommendations) corresponds to three generations based on different approaches. In the first generation, the standards are inspired principally by the concept of social insurance, applicable to certain categories of workers and covering a specific contingency and sector of activity (industry, agriculture, etc.). After the Second World War, the international community recognized the need to extend social protection to the population as a whole; the second generation standards therefore reflect a more general concept of social security. The Declaration of Philadelphia, adopted in 1944, re-defined ILO objectives by including the extension of social security measures to provide basic income to all in need of such protection, and comprehensive medical care. This conception also inspired the Conference when it adopted the Social Security (Minimum Standards) Convention, 1952 (No. 102). As indicated by its title, this Convention provides for a minimum level of benefits in each of the nine branches of social security that it covers. The instruments adopted subsequently, in the third generation, while drawing upon the model of Convention No. 102, offer a higher level of protection in terms of the population covered and the level of benefits.

48. Convention No. 102 covers the nine principle branches of social security, namely: medical care; sickness benefit; unemployment benefit; old-age benefit; employment injury benefit; family benefit; maternity benefit; invalidity benefit; and survivors' benefit. A State which ratifies Convention No. 102 has to accept the obligations under at least three of these branches for which minimum standards are set out with regard to the scope of protection and benefits and the level of benefits. The Convention embodies the idea of a general level of social security which must gradually be achieved everywhere, in view of the fact that the system can be adapted to the prevailing socio-economic conditions of any country, irrespective of its level of development. In contrast with the earlier instruments, Convention No. 102 establishes targets to be achieved rather than describing the applicable techniques.

49. The basic principles of Convention No. 102 are founded on common rules of administration and organization, as well as principles such as the distribution of risks, collective financing and the responsibility of the State for the sound administration of social security systems. The Committee has pointed out in this respect that these organizational principles "must be complemented by the no less fundamental principles of governance: the system shall be supervised by the public authorities or administered jointly by employers and workers whose contributions represent the largest share of social security revenues; representatives of the persons protected, which include social groups outside wage employment, shall participate in management if the administration is not entrusted to a public institution; and the State must accept general responsibility for the due provision of benefits and for the proper administration of the institutions and services concerned." (Endnote 13)

50. The regular examination carried out by the Committee of Experts of the application of the principles set out in Convention No. 102 is based on a practical approach. With a view to assessing the extent to which the benefits attain, in all cases and irrespective of the type of system, the level prescribed by the Convention, the Committee bases itself, in addition to the relevant legislative texts, on information on its application in practice (statistics, actuarial studies, inspection reports, data provided by the employers' and workers' organizations, etc.), which take on particular importance for technical standards such as Convention No. 102.

51. Convention No. 102, in the same way as the later instruments, militates against the idea of rigidity that is often held of Conventions. Convention No. 102 offers a range of options and flexibility clauses making it possible to attain gradually the objective of universal coverage in harmony with the rate of national economic development. Each country may apply the Conventions through a combination of contributory and non-contributory benefits, different methods for the administration of benefits, general and occupational schemes, compulsory and voluntary insurance, and public and private participation, all intended to secure an overall level of protection which best responds to its needs.

52. The flexibility contained in its provisions has permitted Convention No. 102 to pass the test of time, and to encompass the new model of social security that is emerging, in which that part of responsibility that is renounced by the State is taken up by private insurance schemes, enterprises and insured persons themselves. Faithful to its underlying principle of objectivity, the Committee of Experts has indicated in this respect that the coexistence of a dual social security system, both public and private, as is the case in various Latin American countries, is not in itself incompatible with Convention No. 102, which allows for the attainment of a minimum level of social protection through different methods. However, the Convention sets forth certain principles of general application relating to the administration, financing and functioning of social security schemes. What is of interest to the Committee, in the last resort, is to ascertain that, irrespective of the nature of such schemes, the main principles are observed and the level of benefits prescribed by the Convention is attained in full.

53. In its 50 years of existence, Convention No. 102 has had a substantial influence on the development of social security in the various regions of the world, and is therefore deemed to embody an internationally accepted definition of the very principle of social security.

- Up to now, 40 countries have ratified Convention No. 102 and have therefore incorporated its provisions into their internal legal systems and, in many cases, their national practice.

- Social security schemes exist in nearly all the industrialized countries covering the nine branches to which Convention No. 102 applies.

- Many developing countries, inspired by Convention No. 102, have embarked upon the road to social security, even though nearly all of their systems are more modest in scope and, in general, do not yet encompass unemployment or family benefit.

- Most of the social security schemes in Latin America, which have their origins in the era of social insurance, were greatly influenced by international labour standards and, in particular, by Convention No. 102.

- Convention No. 102 served as a model for the adoption of the European Code of Social Security, adopted under the aegis of the Council of Europe, which relied for its formulation on the participation of the International Labour Office.

- The European Social Charter provides that the Contracting parties undertake to maintain a level of protection at least equal to that required by the ratification of Convention No. 102.

54. In June 2001, the Conference held a general discussion with the objective of enabling the ILO to define a concept of social security at the threshold of the twenty-first century. It concluded that the ILO's activities in the field of social security should be anchored on the Declaration of Philadelphia, the concept of decent work and the relevant standards in this field. In parallel, the Governing Body undertook an evaluation between 1995 and 2002 of all the ILO's standards. In the context of this evaluation, it concluded that Convention No. 102, along with the Conventions and Recommendations on social security adopted subsequently, are up to date and are therefore relevant. Nevertheless, and in particularly in view of the complexity of the provisions of these instruments, the Governing Body also considered that the Office should provide technical assistance in this field to member States, including the dissemination of information.

55. The Committee notes with satisfaction that, in September 2002, the Committee of Experts on Standard-Setting Instruments in the Field of Social Security, of the Council of Europe, on the occasion of the 50th anniversary of Convention No. 102, emphasized the current pertinence of this instrument, in the same way as of the European Code of Social Security. The Committee of Experts on Standard-Setting Instruments expressed gratitude to the ILO for its essential work in the field of social security standards, which had served as a basis for the European Code of Social Security, and for the excellent cooperation between the two organizations over the years.

56. Convention No. 102 is inspired by the idea that there is no perfect model for social security: each model develops and is transformed. Each society has to develop the best means of guaranteeing a minimum level of protection. The method selected must reflect the social and cultural values, history, institutions and level of economic development of each concerned. The Convention does not therefore require a specific approach by member States; instead, the Convention sets out an integrated series of objectives based on commonly accepted principles establishing a minimum social threshold for all member States. The Committee therefore hopes that, in developing their national strategies for the development of social security for everyone, the member States of the ILO will take into account the provisions of Convention No. 102 and consider its ratification.

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

57. In examining the application of the Employment Policy Convention, 1964 (No. 122) this year, the Committee notes a continuation of the trend of moving from passive to active labour market policies. In the context of globalization, this implies open economies and the integration of markets. The central issue is still the creation of employment, and in decent conditions, to fight poverty and to obtain sustainable development. The Committee emphasizes that the pursuance of an active policy designed to promote full, productive and freely-chosen employment is at the heart of economic and social policies, at both international and national levels. The policies represented by this Convention and its accompanying Recommendation are at the heart of the ILO's Decent Work strategy. In order to attain some of the Millennium Development Goals - such as eradicating extreme poverty and hunger, eliminating gender disparity in primary and secondary education or providing decent and productive work for young people - governments, along with international organizations able to influence national policies, must strongly encourage active measures to ensure that the poor have access to productive and freely-chosen employment as a means of overcoming poverty, that there is no discrimination against women or minorities in access to education and training, and that there is decent work available for young people enabling them to enter into and remain in employment.

58. The Committee observes that while more ratifying States are declaring and promoting active labour market policies, less attention has been paid to evaluating the impact of measures taken in pursuance of these policies. The Committee notes that if outcomes are not measured, funds invested in job-creation activities may not be wisely spent. In this regard, the Committee recalls that in some member States employment promotion programmes were initiated on a pilot basis, and were only implemented on a national basis when the pilot programme was determined to be successful (as shown by the information contained in the reports of New Zealand and the United Kingdom).

59. The Committee notes that any evaluation of the impact of employment promotion policies requires, as an essential step, that accurate statistical data regarding the labour market be available. The Committee recognizes that in some member States the technical capability for producing such data needs to be developed, and in this regard, welcomes efforts to develop labour market information systems (China). This is especially important where a poverty reduction strategy is being implemented (Paraguay, Senegal). The Committee is encouraged by the action taken by member States who are benefiting from debt alleviation as part of the Enhanced Initiative for Highly Indebted Poor Countries of the International Monetary Fund (IMF) and the World Bank to transfer some funds into programmes designed to promote employment (Bolivia, Cameroon).

60. The Committee in examining the reports received, paid particular attention to those that included observations from employers' and workers' organizations (Finland, Italy, New Zealand, Peru, Portugal, Ukraine, United Kingdom). The Convention itself requires consultation of representatives of employers and workers so that their views may be taken into account in the formulation of an active employment policy. It is a source of great satisfaction to the Committee that the social partners have also expressed their views in the report preparation process, as their opinions are a most helpful supplement to the information sent by governments.

61. The Committee notes with deep concern the very grave impact of HIV/AIDS in some member States. Not only does this cause immense suffering to the individuals and their families, but the number of deaths of those in the prime working age category is devastating the productive capacity of certain countries and making it extremely difficult to make progress in reducing poverty (Zambia). The Committee urges governments, and workers' and employers' organizations to join together in drawing upon the assistance of the ILO and all international agencies in the fight against HIV/AIDS. It also recalls that the ILO has developed a code of practice on HIV/AIDS and the world of work, which contains fundamental principles for policy development and practical guidelines from which concrete responses can be developed at enterprise, community and national levels to mitigate the impact of the epidemic on employment.

62. The Committee observes that some member States are dealing with the employment effects of privatization and industrial restructuring (China, the Republic of Moldova, Peru and Ukraine) which can entail worker redundancy and increased unemployment. The Committee has already had the occasion to express its concern at the conditions in which some processes of economic adjustment take place and recalls the importance that must be attached to the instruments on termination of employment adopted by the Conference in 1982 which aim to achieve a balance between the protection of the workers affected in the event of collective dismissals and the necessary flexibility of the labour market, as noted in the 1995 General Survey on this subject.

63. The Committee also recalls the interrelationship between employment and social protection, in particular, an interrelationship that is most acutely felt by those hardest hit by volatility in financial, commodity and other markets. The Committee once again stresses that adequate safety nets fulfil a crucial social function. The Committee urges governments to follow an integrated approach to social protection and employment promotion. It appreciates those reports in which this issue is explicitly discussed (Thailand) and it encourages governments to include in their reports information on the measures taken in order to implement security nets as a complement to their employment policy measures.

64. The Committee detects growing awareness of the problems faced by unemployed older workers, such as the lack of access to retraining programmes (Portugal), which can lead to their either being subjected to long-term unemployment or to their leaving the labour force. The Committee notes interest in increasing the labour force participation rate of older workers (Finland, Netherlands). The Committee would welcome more information on the employability of older workers.

65. The Committee welcomes the adoption by the International Labour Conference at its 90th Session (June 2002) of new instruments which are closely related to the Convention, such as the Promotion of Cooperatives Recommendation, 2002 (No. 193) and the Conclusions of the general discussion in the Conference on decent work and the informal economy. The Committee recalls the important role that cooperatives play in many countries, both developing and developed, in promoting employment. It is estimated that cooperatives employ more than 100 million people and have more than 800 million members worldwide. They also have the proven potential to serve as a bridge between the informal and the formal economies, helping to ensure decent work for all. The Committee invites governments to consider incorporating the guidelines adopted in Recommendation No. 193 in their employment policies and programmes, and to include representatives of organizations of cooperatives in their consultations on the formulation, implementation and review of employment policies and programmes. The Committee also draws attention to the Conclusions on decent work and the informal economy, which urge governments to give priority to investing in people, particularly the most vulnerable, through education, training and lifelong learning, and to encourage entrepreneurship.

66. The Conclusions also echo the Committee's past appeals to governments to include in their Poverty Reduction Strategy Papers a strong focus on promoting employment as a key to reducing poverty while fostering sustainable economic growth. The Committee observes that Poverty Reduction Strategy Papers afford a unique opportunity to convey employment as an essential instrument of social integration and inclusion. Several of the reports examined this year (Bolivia, Cameroon, Honduras, India, Jordan, Paraguay, Senegal, Thailand, Zambia) contain specific information on the manner in which employment objectives have been incorporated in poverty reduction strategies. In most cases, these strategies are accompanied by specific measures to increase awareness of how the labour market operates, to strengthen labour administration and employment services, to promote micro-, small and medium enterprises, and by general measures to encourage educational policies that are adapted to employment opportunities. In the case of Honduras, the technical assistance of the Office has helped the Government to broadening the approach to poverty reduction by promoting social dialogue in tripartite bodies, thus enabling consultation of the social partners on employment promotion issues. The Committee notes with particular interest the China Employment Forum, which the Office is to organize in 2003. It hopes that additional initiatives of this kind will likewise contribute to promoting the Convention.

67. As the Committee is aware, for the objectives of the Convention to be attained there must be public policies that not only encourage economic growth but also encourage enterprises to create jobs. That is why the information requested in the report form for the Convention covers overall and sectoral development policies, labour market policies and education policies. It also explains why so much is expected of its General Survey of 2003, for which the Committee will examine Convention No. 122 and its accompanying Recommendation of 1984, together with the Human Resources Development Convention, 1975 (No. 142), and the Job Creation in Small and Medium-Sized Enterprises Recommendation, 1998 (No. 189), in so far as all these instruments relate to the promotion of full, productive and freely chosen employment. The Committee trusts that the 2003 General Survey will provide a new opportunity to develop an integrated approach providing member States and the Organization with a strategy to enhance the application of international labour standards on employment promotion and human resources development and to further their promotion. It strongly encourages governments and also employers' and workers' organizations to contribute to this General Survey.

C. Application of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144)

68. The Committee notes that at its 90th Session (June 2002), the Conference adopted a resolution concerning tripartism and social dialogue in which it emphasized, inter alia, that social dialogue and tripartism have proved to be valuable and democratic means to address social concerns, build consensus, help elaborate international labour standards and examine a wide range of labour issues on which social partners play a direct, legitimate and irreplaceable role.

69. The Committee welcomes the launch by the Office in November 2002 of the promotion and ratification campaign for the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), and the circulation of a brochure published for this purpose. The Committee notes that 107 ratifications have already been registered for the Convention, which is one of the priority Conventions for which detailed reports are requested every two years under the regular supervisory mechanism. This effort constitutes a closer cooperation between the sectors of the Office responsible for international labour standards and social dialogue, and is welcomed by the Committee. In its 2000 General Survey on the subject, (Endnote 14) the Committee recalled the importance of tripartite dialogue in carrying out all the work of the ILO. It emphasized that the consultations required by the Convention themselves facilitate the development of social dialogue by providing an opportunity for the introduction of regular procedures for the exchange of views between the government and the social partners. It hoped for an increased effort to promote the ratification of the Convention with a view to its universal application in the not too distant future. The Committee notes with satisfaction that 14 new ratifications have been registered since its General Survey on tripartite consultation two years ago, and strongly hopes that the promotion and ratification campaign will encourage other Members to consider the ratification of Convention No. 144 in the near future.

Technical assistance in the field of standards

A. Direct contacts

70. Direct contacts missions in respect of freedom of association visited Paraguay and Venezuela during the past year.

B. Promotional activities

71. Seminars on freedom of association were organized in Chile (April 2002), Brazil for the port sector (September 2002), Niger on the representativeness of trade unions (September 2002) and Mexico for export processing zones (October 2002). A lecture was given in Washington for labour attachés of United States embassies, and in Montreal (Canada) in July 2002.

72. Advisory missions on freedom of association visited Romania (January 2002), Morocco (April 2002), Republic of Korea (September 2002) and the Islamic Republic of Iran (October 2002).

73. Concerning equality and non-discrimination, the following seminars were held: three national seminars on equal remuneration (Estonia, January 2002, Thailand, April 2002 and Cyprus, September 2002); Workshop on Discrimination and HIV/AIDS (southern Africa, February 2002); National Equality Forum on Promotion of the Ratification of Convention No. 111 (Tokyo, Japan, July 2002); two national seminars on Convention No. 111 (Beijing, Shanghai, China); within Japan, four regional workshops/forums on equality action (July 2002).

74. A follow-up technical advisory mission was undertaken to the Islamic Republic of Iran in May 2002 in relation to Convention No. 111

75. In addition, in the context of a regional technical cooperation project carried out jointly with the Asian Development Bank (ADB), there were ILO/ADB National Workshops on Strengthening the Role of Labour Standards concerning gender equality, child labour and occupational safety and health (Philippines, Thailand, Bangladesh and Nepal (March 2002)), ILO/ADB Regional Asian Meeting on Strengthening the Role of Labour Standards (Manila, Philippines, September 2002).

76. Promotion of standards in the area of social protection and conditions of work was achieved in a number of events, including: a workshop on labour principles and fundamental rights, and particularly on Conventions Nos. 138 and 182 (Bahrain, May 2002); three seminars on maritime standards (Panama, February 2002; Seychelles, August 2002; Mauritius, September 2002); a seminar on maritime inspection (Singapore, July 2002); a seminar on wages policy and wage guarantee funds (Bulgaria, May 2002); participation in the meeting of Andean Pact countries for the adoption of a common standard on occupational safety and health (Ecuador, February 2002); participation in a seminar for the Portuguese-speaking countries of Africa (PALOP), which was also devoted to the preparation of a promotional instrument intended to serve as a basis for the adoption of national laws in the area in question; participation in the Regional Maritime Conference in the Asian-Pacific Region (July 2002); and in the American Regional Meeting. Other promotional activities (participation in various meetings, advisory services, technical assistance, etc.) were provided for the following countries: China, Luxembourg, Mauritius, Panama and Seychelles.

77. The specific events listed above form part of a larger body of promotional activities on standards carried out by the International Labour Standards Department, the International Training Centre in Turin (Italy) and the external offices of the ILO. In addition to these events the Department participated in training activities in Turin, gave lectures to graduate law students of the Raoul Wallenberg Institute of Human Rights and Humanitarian Law (in Lund, Sweden and in Wuhan, China). Presentations were also organized for numerous groups of students, trade unions, ministries and others visiting the ILO in Geneva.

78. Each year, the International Labour Standards Department organizes a training course for government officials responsible for reporting on international labour standards. This course is held at the International Training Centre in Turin for two weeks (one week is held in Turin) before the June session of the International Labour Conference. This practice enables some participants to stay in Geneva to take part in the work of the Conference Committee on the Application of Standards. This year, the course was attended by 22 participants from 21 countries. Furthermore, the Centre has continued its training activities on international labour standards through its international labour standards and human rights programme. These activities include several courses for jurists, magistrates and legal educators, as well as courses on the rights of women workers and on international labour standards and globalization.

79. The International Labour Standards Department has continued to develop its legal information system consisting of ILOLEX, a database on international labour standards (http://www.ilo.org/ilolex/English/index.htm), and NATLEX a database on national labour and social security legislation (http://natlex.ilo.org). During the course of 2002, ILOLEX was developed to highlight cases of progress noted by the Committee of Experts, to search through the Seventh Survey on the effect given to the Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, and to find information on the decisions adopted by the Governing Body regarding the revision of standards. With regard to NATLEX, more than 2,000 new laws were entered into the database, including more than 50 full texts of laws. Both databases respond to a monthly average of 80,000 user queries. The Department also released the 2002 version of the International Labour Standards Electronic Library (ILSE) CD-ROM, which this year contained the preliminary version of the publication International labour standards: A global approach. Launched in 2001, this CD has proved to be very popular and more than 6,000 copies have been distributed on demand so far. The Department also provides regular training on the use of this database to visitors to the Office, to seminars organized by the International Training Centre in Turin, and through missions to the field.

C. Multidisciplinary advisory teams

80. The Committee notes that specialists in international labour standards are provided for in the multidisciplinary advisory teams located in the following cities: Addis Ababa (post to be filled), Bangkok, Beirut, Dakar (post to be filled), Harare, Lima, Manila, Moscow, New Delhi, Port-of-Spain, San José, Santiago (Chile) and Yaoundé. Additionally, the MDT in Abidjan covers a range of standards-related activities through the official who is the focal point for the ILO Declaration on Fundamental Principles and Rights at Work.

81. The Committee wishes to draw attention to the essential role that these international labour standards specialists play in supervising obligations deriving from Conventions and Recommendations as well as in promoting these standards. Their work in the areas of promoting Conventions, providing technical assistance, fostering social dialogue, and helping competent authorities draft labour legislation is of paramount importance to the ILO's standards-related activities. In particular, the Committee notes the accomplishments of International Labour Standards specialists outlined in the document submitted to the Governing Body at its 285th Session entitled, "Review of the activities of multidisciplinary teams in relation to standards". (Endnote 15) The Committee thus notes that the ILS specialists continue to play a crucial role in raising awareness about the whole range of ILO standards and procedures both in respect of the ratification of Conventions as well as the application of Conventions and Recommendations. Their activities have extended to a range of topics including occupational safety and health, child labour, and equal opportunity and non-discrimination. The ILS specialists continue to provide individual assistance to help member States meet their constitutional obligations with regard to reporting on the standards. In that respect, the Committee notes that the ILS specialists have integrated into their activities the new reporting arrangements approved by the Governing Body at its 282nd Session. The Committee also notes that these specialists will play an important role in the implementation of its new programme of country-by-country assistance, which was also approved by the Governing Body at its 282nd Session and will be aimed at helping a selected number of countries to resolve as many of the standards-related problems indicated by the supervisory bodies as possible. Finally the Committee notes that ILS specialists continued to organize activities with the social partners to promote the application of international labour standards and to stimulate social dialogue, and to assist governments in drafting domestic legislation, regulations and other instruments to ensure their consistency with international labour standards.

82. The Committee notes that the International Labour Standards Department (NORMES) has assisted by supplying the necessary technical backup 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 (articles 22 and 35 of the Constitution)

A. Supply of reports

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

84. In accordance with the decision to 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 37 Conventions. (Endnote 16) These reports cover the period ending 1 September 2002. 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 17) 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

85. A total of 2,368 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, 1,529 of these reports had been received by the Office. This figure corresponds to 64.57 per cent of the reports requested, compared with 65.38 per cent last year.

86. In addition, 351 reports were requested on Conventions declared applicable with or without modifications to non-metropolitan territories (article 35 of the Constitution). Of these, 243 reports, or 69.23 per cent, had been received by the end of the Committee's session, in comparison with 60.87 per cent last year.

87. 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.

88. 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

89. 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, Denmark (Faeroe Islands), Equatorial Guinea, Kyrgyzstan, Liberia, Mongolia, Sierra Leone, Solomon Islands, United Republic of Tanzania (Tanganyika), 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 38 countries: Angola, Azerbaijan, Barbados, Belize, Bosnia and Herzegovina, Cambodia, Cape Verde, Chad, Chile, Comoros, Congo, Cyprus, Denmark (Greenland), Djibouti, Gambia, Georgia, Guinea, Haiti, Iraq, Kazakhstan, Republic of Korea, Lao People's Democratic Republic, Latvia, Libyan Arab Jamahiriya, Luxembourg, Madagascar, Niger, Pakistan, Papua New Guinea, Saint Kitts and Nevis, Somalia, Tajikistan, United Republic of Tanzania, Tunisia, Uganda, United Kingdom (British Virgin Islands, Gibraltar, St. Helena), Viet Nam, Zambia.

90. 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

91. The Committee is still 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 2002. 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.

92. 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.

93. 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 2002, the proportion of reports received was only 25.34 per cent. This percentage is slightly lower than for its previous session (26 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.

94. 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.

95. 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 2001 session, and the beginning of the June 2002 session of the International Labour Conference, or even during the Conference. (Endnote 18) 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 2001-02, as requested by the Conference Committee on the Application of Standards: Algeria (Conventions Nos. 62, 97, 98, 138), Antigua and Barbuda (Conventions Nos. 11, 12, 14, 19, 29, 81, 94, 98, 101, 105, 108, 111, 138), Barbados (Conventions Nos. 102, 105, 108, 118, 128), Belize (Conventions Nos. 14, 22, 29, 81, 87, 88, 94, 95, 97, 98, 100, 101, 105, 111, 115), Bolivia (Conventions Nos. 19, 20, 81, 95, 98, 105, 111, 117, 118, 121, 122, 123, 124, 128, 131, 136, 160), Bosnia and Herzegovina (Conventions Nos. 81, 87, 111, 158), Botswana (Convention No. 19), Chile (Convention No. 144), Costa Rica (Conventions Nos. 81, 102), Côte d'Ivoire (Convention No. 95), Cyprus (Conventions Nos. 23, 111, 147), Czech Republic (Conventions Nos. 19, 102, 105, 111, 139), Democratic Republic of the Congo (Conventions Nos. 89, 94, 95, 98, 100, 102, 117, 118, 119, 120, 121, 150, 158), Denmark (Conventions Nos. 105, 111, 134, 169), Greenland (Conventions Nos. 14, 106), Ethiopia (Conventions Nos. 100, 105, 111, 138), France: French Guiana (Convention No. 115), Georgia (Conventions Nos. 87, 98), Iraq (Conventions Nos. 13, 19, 98, 105, 111, 118), Israel (Convention No. 147), Jamaica (Conventions Nos. 19, 100, 122, 149), Kazakhstan (Conventions Nos. 111, 122), Republic of Korea (Convention No. 160), Luxembourg (Convention No. 98), Myanmar (Conventions Nos. 16, 22, 27, 87), Netherlands: Aruba (Conventions Nos. 11, 90, 105, 113, 129, 142), Netherlands Antilles (Conventions Nos. 10, 33, 69, 74, 81, 105, 118, 172), Niger (Conventions Nos. 100, 156), Nigeria (Conventions Nos. 29, 87, 95, 100), Paraguay (Conventions Nos. 87, 98, 105, 123), Russian Federation (Conventions Nos. 16, 73, 113), Saint Lucia (Conventions Nos. 8, 11, 12, 14, 16, 26, 97, 101, 108, 111), Sao Tome and Principe (Conventions Nos. 17, 18, 81, 88, 98, 111), Slovakia (Conventions Nos. 14, 77, 78, 89, 102, 111), Slovenia (Conventions Nos. 13, 16, 32, 53, 69, 73, 74, 81, 98, 105, 111, 113, 139), South Africa (Convention No. 98), Sudan (Convention No. 105), Swaziland (Convention No. 105), Sweden (Conventions Nos. 98, 111), United Republic of Tanzania (Conventions Nos. 16, 17, 63, 140), United Republic of Tanzania: Zanzibar (Conventions Nos. 58, 97), Thailand (Convention No. 100), Trinidad and Tobago (Conventions Nos. 147, 159), Tunisia (Conventions Nos. 19, 81, 111, 118, 127), United Kingdom: Anguilla (Conventions Nos. 14, 23, 29, 97, 101, 140), Gibraltar (Convention No. 81), Isle of Man (Conventions Nos. 10, 81), Jersey (Conventions Nos. 10, 16, 19, 22, 24, 25, 29, 32, 56, 69, 74, 81, 87, 97, 98, 115, 140), Montserrat (Convention No. 19), Uruguay (Convention No. 19).

Supply of first reports

96. A total of 159 of the 277 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 115 out of the 198 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 16 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), 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); since 2000 - Chad (Convention No. 151), Fiji (Conventions Nos. 144, 169), Mongolia (Conventions Nos. 144, 155, 159); and since 2001 - Armenia (Convention No. 176), Belize (Conventions Nos. 135, 140, 141, 151, 154, 155, 156), Cambodia (Conventions Nos. 100, 105, 111, 150), Cape Verde (Convention No. 87), Congo (Conventions Nos. 81, 98, 100, 105, 111, 138, 144), Kyrgyzstan (Convention No. 105), Slovenia (Convention No. 147), Tajikistan (Convention No. 105), Zambia (Convention No. 176).

97. 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

98. 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 45 governments to which such letters were sent, only nine have provided the information requested.

99. 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.

100. In all there were 379 cases of no response (concerning 42 countries). (Endnote 19) There were 437 such cases (concerning 45 countries) last year. It is bound to repeat the observations or direct requests already made on the Conventions in question.

101. 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

102. 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

103. 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 20)

104. 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 report earlier than would otherwise have been the case. (Endnote 21) Under the present reporting cycle, (Endnote 22) 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 2003. In addition, in certain cases the Committee has requested governments to furnish detailed reports when simplified reports would otherwise be due.

105. 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

106. 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 65 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

107. 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 30 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: Conventions Nos.

Angola: 105

Belize: 98

Bulgaria: 81, 111

Fiji: 98

Finland: 139

France: 102, 118, 156

Germany: 138

Lebanon: 81

Republic of Moldova: 95

Namibia: 87

Netherlands: 135

Nicaragua: 115

Panama: 107

Romania: 29

Russian Federation: 87

Rwanda: 12, 87

Slovenia: 138

Spain: 55

Sri Lanka: 135

Syrian Arab Republic: 1, 106

United Republic of Tanzania: 29

Thailand: 105

Turkey: 95, 99

United Kingdom: 102

108. 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 2,342 since the Committee began listing them in its reports in 1964.

109. In addition, there have been 143 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 143 instances in which measures of this kind have been taken concerning 84 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: Conventions Nos.

Albania: 29, 87

Argentina: 3, 81, 87, 139

Australia: 87, 111

Austria: 111

Bahamas: 81

Belgium: 29

Bosnia and Herzegovina: 87

Botswana: 87

Brazil: 81, 107

Burundi: 87

Cambodia: 87

Canada: 111

Central African Republic: 81

Chile: 111

Comoros: 14

Costa Rica: 87, 135

Croatia: 87

Cuba: 81

Cyprus: 111, 162

Czech Republic: 111

Denmark: 111, 148

Dominican Republic: 111

Ecuador: 169

Eritrea: 87

Ethiopia: 87

Finland: 119, 139

France: 106, 111, 118, 156

Gabon: 87

Georgia: 87

Germany: 111, 138

Greece: 105, 111

Guatemala: 81, 87, 119

Guinea-Bissau: 106

Hungary: 111, 115, 139

Iceland: 111, 139

India: 26, 29

Iran, Islamic Rep. of: 111

Italy: 102, 111

Japan: 156

Jordan: 29, 111, 119, 138

Kenya: 81, 134, 138

Kuwait: 1, 81

Lesotho: 87

Libyan Arab Jamahiriya: 87

Luxembourg: 53

Madagascar: 81, 111

Mali: 14

Malta: 111

Mauritania: 81, 87, 111

Mauritius: 81

Mexico: 102

Moldova, Rep. of: 81, 95, 105, 129

Mozambique: 111

Netherlands: 102

New Zealand: 26, 111

Nicaragua: 13, 115

Niger: 14

Nigeria: 105

Norway: 87, 111, 139

Panama: 30, 32, 81, 107

Peru: 55

Poland: 87, 111

Portugal: 87, 111, 131

Romania: 87, 111

Rwanda: 87, 111

Saint Lucia: 111

Sao Tome and Principe: 81

Senegal: 81, 102, 111

Slovakia: 105, 111

Slovenia: 111, 138

Spain: 111, 129

Sri Lanka: 131

Sweden: 111, 139, 162, 164

Switzerland: 102, 111

Syrian Arab Republic: 81

Tanzania, United Rep. of: 105

Turkey: 81, 87, 118

Ukraine: 87

United States: 182

Venezuela: 111

Viet Nam: 81

Yemen: 111

Yugoslavia: 87, 102, 121

Non-metropolitan territories

United Kingdom: Isle of Man: 81

110. 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

111. 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.

112. In accordance with established practice, in March 2002 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

113. Since its last session, the Committee has received 400 observations (compared to 195 last year), 73 of which were communicated by employers' organizations and 327 by workers' organizations. While welcoming this increase, the Committee recalls 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.

114. The majority of observations received (384) relate to the application of ratified Conventions (see Appendix III). Sixteen observations relate to the reports provided by governments under article 19 of the Constitution of the ILO relating to the Protection of Wages Convention (No. 95) and Recommendation (No. 85), 1949. (Endnote 23)

115. The Committee notes that, of the observations received this year, 256 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 144 cases the governments transmitted the observations with their reports, sometimes adding their own comments.

116. 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.

117. 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.

118. 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.

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

119. 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 maternity protection (Convention No. 183 and Recommendation No. 191), adopted by the Conference at its 88th Session (May-June 2000);

(b) information on the steps taken to submit to the competent authorities the instruments on safety and health in agriculture (Convention No. 184 and Recommendation No. 192), adopted by the Conference at its 89th Session (June 2001);

(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 88th Session (May-June 2000) (Conventions Nos. 87 to 183, Recommendations Nos. 83 to 191 and the Protocols);

(d) replies to the observations and direct requests made by the Committee at its previous session (November-December 2001).

120. 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 (June 1948) of the Conference. Appendix VI contains a summary indicating, where the information has been provided, the name of the competent authority and the date of submission of the instruments adopted by the Conference at its 88th and 89th Sessions (May-June 2000 and June 2001).

A. 88th Session

121. 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 Committee notes with interest the information on submission to the competent authorities provided by the following 61 States in addition to those mentioned in the last report: Albania, Antigua and Barbuda, Bahamas, Bahrain, Barbados, Belarus, Benin, Botswana, Bulgaria, Canada, China, Costa Rica, Czech Republic, Ecuador, Egypt, Estonia, Finland, Germany, Greece, Israel, Italy, Japan, Jordan, Kenya, Republic of Korea, Kuwait, Latvia, Lebanon, Lithuania, Malaysia, Malta, Mauritius, Mexico, Republic of Moldova, Morocco, Myanmar, Namibia, Netherlands, New Zealand, Nicaragua, Norway, Oman, Philippines, Poland, Romania, Russian Federation, Rwanda, Saudi Arabia, Seychelles, Singapore, Slovakia, Sudan, Switzerland, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, United Arab Emirates, United Kingdom, Viet Nam. The Committee notes that Convention No. 183, which came into force 2 February 2002, has been ratified by four countries (Bulgaria, Italy, Romania and Slovakia).

B. 89th Session

122. The instruments on safety and health in agriculture adopted at the 89th Session (June 2001) 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 21 June 2002 and 21 December 2002 respectively. The following 58 governments have sent information on the steps taken with a view to the submission of the Safety and Health in Agriculture Convention, 2001 (No. 184), and Safety and Health in Agriculture Recommendation, 2001 (No. 192), to the authorities which they consider competent: Argentina, Australia, Belarus, Bulgaria, China, Costa Rica, Czech Republic, Denmark, Dominica, Egypt, El Salvador, Eritrea, Ethiopia, Finland, Germany, Greece, Guatemala, Indonesia, Islamic Republic of Iran, Israel, Italy, Japan, Kenya, Republic of Korea, Kuwait, Lebanon, Lithuania, Malta, Mauritania, Mauritius, Republic of Moldova, Morocco, Netherlands, Nicaragua, Norway, Oman, Philippines, Poland, Qatar, Romania, San Marino, Singapore, Slovakia, Sudan, Suriname, Switzerland, The former Yugoslav Republic of Macedonia, Trinidad and Tobago, Tunisia, Turkey, Ukraine, United Arab Emirates, United Kingdom, United States, Venezuela, Viet Nam, Yemen, Zimbabwe. The Committee notes that the first two ratifications (Slovakia and Republic of Moldova) having been registered, Convention No. 184 will come into force on 20 September 2003.

C. 31st to 87th Sessions

123. The Committee welcomes the special efforts made, particularly by the Governments of Burkina Faso, Costa Rica, Eritrea and Mauritania, for the submission to the competent authorities of the instruments adopted by the Conference over several sessions.

D. General aspects

124. The Committee again refers to the general considerations it formulated in November-December 1998 on the manner in which constitutional obligations relating to the submission to the competent authorities of the instruments adopted by the Conference are being met. At the 90th Session of the Conference (June 2002), the Committee on the Application of Standards expressed its concern at instances of delayed submission or failure to submit, compliance with this constitutional obligation being essential if the Organization's standard-setting activities are to be effective.

125. 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.

126. The Committee again recalls that discussion in a parliamentary body, or failing that, information of consultative or deliberative bodies can be an important factor in a possible improvement of measures taken at national level to give effect to the instruments adopted by the Conference. Furthermore, fulfilment of the obligation to submit enables the Conventions and Recommendations to be brought to the attention of the public through their referral to a parliamentary body. The Committee hopes that those governments which submit the instruments adopted by the Conference to a government authority will likewise be able to report on their submission to bodies of a parliamentary nature, in accordance with the ILO Constitution.

127. Lastly, under the terms of article 23, paragraph 2, of the Constitution, member States must send to the representative organizations of employers and workers 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

128. 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.

129. The Committee wishes to emphasize once again the importance of the communication by governments of the information 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 document 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 fully met until the instruments adopted by the Conference have been submitted to Parliament and a decision has been taken with respect to them. This decision and the information on the submission must be notified 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

130. The Committee notes with regret that the governments of the following 18 countries have not provided information indicating that the instruments adopted by the Conference at the last seven sessions at least (from the 82nd to the 88th Sessions) have in fact been submitted to the competent authorities: Afghanistan, Armenia, Cambodia, Comoros, Grenada, Haiti, Kazakhstan, Kyrgyzstan, Lao People's Democratic Republic, Latvia, Sao Tome and Principe, Sierra Leone, Solomon Islands, Somalia, Suriname, Syrian Arab Republic, Turkmenistan, Uzbekistan.

131. In response to a call by the Director-General for highest priority to be given to the ratification of the Worst Forms of Child Labour Convention, 1999 (No. 182), some governments have been particularly prompt in sending information on steps taken with a view to the submission of this instrument, adopted by the Conference on 17 June 1999 at its 87th Session. Thanks to the timely submission of instruments as prescribed by the ILO Constitution and 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 promoting fundamental rights at work. The Committee recalls, however, that some States which have ratified Convention No. 182 and which were mentioned in earlier reports (Angola, Belize, Bolivia, Bosnia and Herzegovina, Cameroon, Central African Republic, Colombia, Congo, Dominica, Madagascar, Mali, Pakistan, Saint Lucia, Senegal) still have instruments to submit from over seven sessions of the Conference.

132. 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 Three 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.

133. The nature and scope of the obligation to submit instruments have 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 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

134. 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 Protection of Wages Convention (No. 95) and Recommendation (No. 85), 1949.

135. A total of 255 reports were requested and 141 received. (Endnote 24) This represents 55.29 per cent of the reports requested.

136. 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 25 countries: Afghanistan, Bahamas, Bosnia and Herzegovina, Democratic Republic of the Congo, Equatorial Guinea, Fiji, Georgia, Grenada, Guinea, Iraq, Lao People's Democratic Republic, Liberia, Mongolia, Nigeria, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Sao Tome and Principe, Sierra Leone, Solomon Islands, United Republic of Tanzania, The former Yugoslav Republic of Macedonia, Turkmenistan, Uganda, Uzbekistan.

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

138. Part Three of this report (issued separately as Report III (Part 1B)) contains the General Survey on the protection of wages. 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.

139. 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, 13 December 2002.

(Signed)

E. Razafindralambo, Reporter.

Endnotes

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