Reader's note

Overview of the ILO supervisory mechanisms

Since its creation in 1919, the International Labour Organization has had both the function of adopting and promoting international labour standards as well as supervising their application in its member States. The ILO's supervisory system has two facets. First, under article 19 of the ILO Constitution, a number of obligations arise for member States upon the adoption of international labour standards, including the requirement to submit newly adopted standards to national competent authorities and the obligation to report at intervals on measures taken to give effect to the provisions of non-ratified Conventions and Recommendations.

The Committee of Experts was established in 1926 and is an independent body composed of legal experts appointed by the Governing Body. In its annual report, the Committee of Experts carries out an impartial and technical examination of the application of standards. This report is then discussed in a tripartite setting during the International Labour Conference by the Conference Committee on the Application of Standards, composed of representatives of governments, employers and workers. Among its other functions, the Conference Committee selects a number of cases examined by the Committee of Experts and invites the concerned governments to respond in the Conference Committee. These two Committees complement each other and a spirit of mutual respect, cooperation and responsibility has consistently prevailed between the two.

(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.

The ILO was one of the first international organizations to associate non-governmental actors in its activities as a natural consequence of its tripartite structure. The participation of employers' and workers' organizations in the supervisory mechanism is recognized in the Constitution under paragraph 2 of article 23 which provides that reports submitted by governments in accordance with articles 19 and 22 must be communicated to the representative organizations. In practice, these occupational organizations may submit comments on the contents of the reports provided on the implementation of a ratified Convention. They may for instance draw attention to a discrepancy in law or in fact that might otherwise have gone unnoticed, and thus trigger the process whereby the Committee of Experts will request further information from the government, and ultimately make an observation that may open to a tripartite discussion at the Conference Committee on the Application of Standards. Further, workers' and employers' organizations can submit directly to the Office comments on the application of Conventions and request that these comments be forwarded to the Government concerned (see also paragraphs 73-79 of the General Report).

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 74th Session in Geneva from 27 November to 12 December 2003. The Committee has the honour to present its report to the Governing Body.

7. The Committee has in recent years undertaken a thorough examination of its working methods. In 2001, in order to guide its reflections on this matter in an efficient 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)

10. 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 73rd Session as an observer in the general discussion of the Committee on the Application of Standards of the 91st Session of the International Labour Conference (June 2003). It noted the request by the abovementioned Committee for the Director-General to renew this invitation for the 92nd Session of the International Labour Conference (June 2004). The Committee has accepted the invitation.

12. In the following section, the Committee wishes to highlight general trends which have been noted from the analysis of reports submitted by member States on the application of ratified Conventions. The Committee wishes to address the following subjects this year.

13. In the course of this session, the Committee has addressed comments on the application of Convention No. 81 to 67 countries and comments on the application of Convention No. 129 to 27 countries. An analysis of the reports and of information from a variety of sources shows that improvement in working conditions depends first and foremost on the importance that policy-makers attach to the role of the labour inspectorate. A real awareness of the need to protect workers in the performance of their jobs and of appropriate budgetary and institutional measures where the active involvement of the social partners are the best guarantees of an effective system of labour inspection. The efforts that many member States are making to develop the organization of inspection services reflects a growing interest in the institutionalization of labour inspection as a full-blown system. Progress in the operation of inspection services is most significant in industry and commerce and relatively modest in the agricultural sector, where labour inspection is in many cases still embryonic, particularly in countries facing economic and political difficulties or where trade union action is obstructed or non-existent.

14. The Committee has often pointed to recruitment procedures and training methods and the status and career plans of inspectorate staff as indicators of development and progress in the various inspection systems.

17. In accordance with Conventions Nos. 81 and 129, labour inspectors must as a rule be endowed with powers of injunction and the power to bring proceedings, the exercise of which is particularly appropriate in the event of danger to the health and safety of workers. By and large these powers are recognized in laws and regulations, but are sometimes impaired by administrative encumbrances. This is particularly true of indirect powers of injunction; and administrative and penal proceedings brought by the inspectors or at their request come up against similar obstacles.

19. Shortcomings in the operation of various labour inspection systems are inevitably a sign that the central inspection authority, where such an authority exists, is unable to produce the annual inspection report the publication of which has particular importance for the Committee. The content of the annual reports that reach the Office varies significantly from one country to another with regard to the requirements of relevant provisions of the two Conventions and in many cases it is not established that the reports are published as the instruments prescribe. Furthermore, the time limits within which they are prepared, published and communicated to the Office rarely meet those prescribed by the Conventions, which causes delay in the attainment of the objectives set by the provisions in question.

21. The Committee has noted a growing resolve among public authorities to improve labour inspection systems. The abundance of laws and regulations in both the rich countries and the less developed countries bear witness to this fact. However, in many countries the economic situation, compounded by the weakness, or in some cases, non-existence of tripartism in the mechanisms for formulating and implementing the labour administration policy, is reflected in a labour inspectorate which is ineffective and which is called upon largely to provide services other than those that derive from the functions of labour inspection set forth in the two Conventions, namely the activities involved in settling the many social conflicts that arise. Adequate means must be made available if the inspection services are to attain the social and economic objectives they pursue. In far too many countries, particularly in economies beset by serious problems, the Committee has observed that labour inspection is assigned a derisory share of the national budget. Where this is the case the labour inspectorate is characterized by an embryonic infrastructure, understaffing, poorly qualified and unmotivated personnel, and virtually inexistent equipment, transport facilities and other resources needed for work. As a result, only minimum measures are implemented, sometimes only in the geographical areas which are the most accessible in terms of transport and communication facilities. Being seldom or never invited to participate in setting the objectives of labour inspection, the social partners suffer this state of affairs without being able to cooperate in improving it, as the two Conventions require. The Committee invites the governments concerned to develop tripartism and to seek international financial cooperation, with ILO support.

22. Pursuant to the Committee's general observation of 1996, governments are making every effort to take the necessary steps to ensure that, in accordance with the provisions of these Conventions, occupational accidents and diseases are notified to the inspection services in the cases and under the conditions established in the national legislation, so that relevant statistics can be included in annual inspection reports on a regular basis. The Committee observes that notification of occupational diseases is the area which gives rise to the greatest difficulty, including in countries with strong economies. Dialogue continues and significant progress has been observed, in particular the adoption of legal measures and relevant mechanisms. The Committee has noted the strong tendency among northern European countries to focus on "new occupational risks" such as stress, psychological harassment and sexual harassment, and to gear part of their action towards these phenomena.

23. Further to the Committee's general observation of 1999, in which it pointed out the interest of labour inspectors' participation in combating child labour and addressed arrangements for such participation, most governments provide abundant information which reflects a strong resolve and shows encouraging results. In the most critical cases, however, efforts are impaired by insufficient resources. Thanks to activities conducted under the project of the International Programme on the Elimination of Child Labour (IPEC) and to assistance from international financial cooperation, it may be hoped that efforts in the area of legislation and the weight of an increasingly sensitive national and international public opinion will bring about in the countries most affected, a regression of the phenomenon to the advantage of measures to train and educate the younger generations.

24. Reports were due this year from all the countries that have ratified either the Indigenous and Tribal Populations Convention, 1957 (No. 107), or the more up-to-date Indigenous and Tribal Peoples Convention, 1989 (No. 169), with the exception of first reports from three countries that have recently ratified Convention No. 169, whose first reports are due next year.

29. The Committee wishes in the first place to recall that maternity protection is a field which has always received the closest attention from the International Labour Organization from the first year of its existence. One of the very first instruments adopted in 1919 was the Maternity Protection Convention (No. 3). This Convention was revised in 1952 by Convention No. 103 in order to extend the scope of the protection afforded to a larger number of categories of women workers and to take into account developments in the field, particularly in relation to social security. The entry into force in February 2002 of the Maternity Protection Convention (No. 183) constituted a new step forward with regard to both persons covered and protection provided and implied closure of the ratification of Convention No. 103, as ratification of Convention No. 183 by a State party to Convention No. 103 involves the automatic denunciation of the latter. However, Convention No. 3 remains open for ratification, even though there have only been five new ratifications over the past 30 years. In this respect, the Committee wishes to recall that, as the ratification of Convention No. 183 does not result in the automatic denunciation of Convention No. 3, it is possible, as occurs in practice, for certain States to be parties to the two instruments. Considering the differences between the two Conventions, the Committee strongly encourages States which are in this position to denounce the older instrument out of a concern for greater clarity and legal certainty. (Endnote 4)

31. In the first place, with regard to the scope of the national provisions on maternity protection, the Committee observes a trend for the extension of protection to all employed women, as reflected in the texts of the three Conventions. The women covered by Convention No. 3 only included those in public or private industrial or commercial undertakings, while Convention No. 183 applies to all employed women, including those in atypical forms of dependent work.

34. The Committee has also noted that the right to maternity leave, a fundamental component of maternity protection, is very broadly respected and applied and is sometimes covered by provisions at the constitutional level. The essential nature of the right to maternity leave is emphasized by the absence in the Conventions of any conditions as to length of service in order to benefit from maternity leave, a principle that is respected in the very large majority cases in national law and practice.

37. The provision during the period of maternity leave of medical care and cash benefits is another essential component of the maternity protection afforded by the three Conventions and is provided for in the law and practice of the great majority of countries. The Committee has noted that in many countries the provision of the above benefits is subject to a minimum qualifying period or coverage by the insurance system; it has accepted this condition, provided that it is set at a reasonable level and that women who do not meet the condition are provided, subject to certain means-related conditions, with appropriate benefits financed through social assistance funds. In certain cases, it has noted with interest that national programmes have as an objective the progressive elimination of this qualifying period, thereby affording a greater number of working women improved financial and health protection during their maternity leave.

41. Recognizing the link between maternity protection and the substantive implementation of the right to equal opportunity and treatment between women and men in employment, Convention No. 183 calls on States to adopt appropriate measures to ensure that maternity does not constitute a source of discrimination not only in employment, but also in access to employment. Such measures are to ensure, among other elements, that mandatory pregnancy tests are not permitted where they are used for a discriminatory purpose. On several occasions, the Committee has found mandatory pregnancy testing to be a violation of the more general provisions of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee has found the few ratifying States of Convention No. 183 to provide adequate protection against discrimination based on maternity.

43. Following maternity leave, the three Conventions set forth the right of women returning to work to benefit from breaks for breastfeeding. This right is today generally recognized, even though there remain broad differences at the national level with regard to its implementation in practice: the pauses may be longer or shorter; there are differences in the period during which such pauses are authorized; it may be possible to convert such pauses into a reduction in working time, thereby allowing the mother to arrive at work later and leave earlier; and special nursing rooms or crèches may be provided within or outside enterprises. When examining national situations, the Committee has focused in particular on compliance with the principle that nursing breaks shall be counted as working time and remunerated accordingly.

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

A. Supply of reports

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

(a) a first report after ratification was due;

(b) important discrepancies have previously been noted between national law or practice and the Conventions in question;

(c) reports due for the previous period had not been received or did not contain the information requested;

(d) reports which were expressly requested by the Conference Committee.

The Committee also had before it a number of reports which it was unable to examine at its previous session.

47. A total of 2,344 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, 1,544 of these reports had been received by the Office. This figure corresponds to 65.87 per cent of the reports requested, compared with 64.57 per cent last year.

51. 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 14 countries: Afghanistan, Armenia, Equatorial Guinea, Haiti, Kyrgyzstan, Liberia, Sierra Leone, Solomon Islands, Somalia, Tajikistan, The former Yugoslav Republic of Macedonia, Turkmenistan, Uganda, Uzbekistan. In addition, all or the majority of the reports due this year have not been received from the following 32 countries: Antigua and Barbuda, Australia (Norfolk Island), Bosnia and Herzegovina, Botswana, Cambodia, Cameroon, Congo, Democratic Republic of the Congo, Denmark, Denmark (Faeroe Islands, Greenland), Djibouti, Eritrea, France (French Southern and Antarctic Territories, New Caledonia), Georgia, Ghana, Grenada, Iraq, Israel, Kiribati, Libyan Arab Jamahiriya, Malawi, Netherlands (Netherlands Antilles), Pakistan, Paraguay, Saint Kitts and Nevis, Saint Lucia, San Marino, Serbia and Montenegro, Swaziland, United Republic of Tanzania (Tanganyika, Zanzibar), Trinidad and Tobago, United Kingdom (Anguilla, Bermuda, Falkland Islands (Malvinas), Montserrat), Yemen.

53. 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 should be sent to the Office between 1 June and 1 September of each year. 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.

58. A total of 167 of the 297 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 159 out of the 277 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 18 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), 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 2001 – Armenia (Convention No. 176), Cambodia (Conventions Nos. 105, 111, 150), Congo (Conventions Nos. 81, 98, 100, 105, 111, 138, 144), Kyrgyzstan (Convention No. 105), Tajikistan (Convention No. 105); and since 2002 – Azerbaijan (Conventions Nos. 81, 129), Bosnia and Herzegovina (Convention No. 105), Chad (Conventions Nos. 132, 182), Cyprus (Convention No. 182), Gambia (Conventions Nos. 29, 105, 138), Kyrgyzstan (Convention No. 81), Papua New Guinea (Conventions Nos. 103, 111, 138, 158, 182), Saint Kitts and Nevis (Conventions Nos. 29, 87, 98, 100, 105, 111, 144), Saint Lucia (Conventions Nos. 154, 158, 182), Yemen (Convention No. 182).

60. Governments are requested to reply in their reports to the observations and direct requests made by 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 42 governments to which such letters were sent, only ten have provided the information requested.

(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.

64. 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.

65. 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 11)

68. 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 76 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.

69. 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 34 instances in which measures of this kind have been taken in 28 countries. The full list is as follows:

State Conventions Nos.

Argentina 111

70. 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 2,376 since the Committee began listing them in its reports in 1964.

State Conventions Nos.

72. 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.

73. 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.

74. Since its last session, the Committee has received 297 observations (compared to 400 last year), 37 of which were communicated by employers' organizations and 260 by workers' organizations. The Committee welcomes this increase, and 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.

80. 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 safety and health in agriculture (Convention No. 184 and Recommendation No. 192), adopted by the Conference at its 89th Session (June 2001);

(b) information on the steps taken to submit to the competent authorities the Promotion of Cooperatives Recommendation, 2002 (No. 193), the List of Occupational Diseases Recommendation, 2002 (No. 194), and the Protocol of 2002 to the Occupational Safety and Health Convention, 1981, adopted by the Conference at its 90th Session (June 2002);

(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 89th Session (2001) (Conventions Nos. 87 to 184, Recommendations Nos. 83 to 194 and the Protocols);

(d) replies to the observations and direct requests made by the Committee at its previous session (November-December 2002).

82. 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, where that was not possible, under exceptional circumstances, within 18 months of the closure of the session, that is before 21 June 2002 and 22 December 2002, respectively. The Committee notes with interest the information on submission to the competent authorities provided by the following 76 States, in addition to those mentioned in the last report: Argentina, Australia, Austria, Belarus, Belgium, Benin, Bolivia, Bulgaria, Cameroon, Canada, China, Colombia, Costa Rica, Cuba, Czech Republic, Denmark, Dominica, Ecuador, Egypt, El Salvador, Eritrea, Ethiopia, Finland, Georgia, Germany, Greece, Guatemala, Guinea-Bissau, Guyana, Honduras, Indonesia, Islamic Republic of Iran, Israel, Italy, Japan, Jordan, Kenya, Republic of Korea, Kuwait, Lebanon, Lithuania, Luxembourg, Malta, Mauritania, Mauritius, Republic of Moldova, Morocco, Myanmar, Netherlands, Nicaragua, Nigeria, Norway, Oman, Philippines, Poland, Qatar, Romania, San Marino, Serbia and Montenegro, Singapore, Slovakia, Sudan, Switzerland, The former Yugoslav Republic of Macedonia, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukraine, United Arab Emirates, United Kingdom, United States, Venezuela, Viet Nam, Yemen and Zimbabwe. The Committee also notes that Convention No. 184, which came into force on 20 September 2003, has received three ratifications.

83. The Promotion of Cooperatives Recommendation, 2002 (No. 193), the List of Occupational Diseases Recommendation, 2002 (No. 194), and the Protocol of 2002 to the Occupational Safety and Health Convention, 1981, adopted at the 90th Session (June 2002) of the Conference, were to be submitted to the competent authorities within one year or, where that was not possible, under exceptional circumstances, within 18 months of the closure of the session of the Conference, that is before 20 June 2003 and 20 December 2003, respectively. The following 49 governments have provided information on the steps taken with a view to the submission of the Recommendations and the Protocol to the authorities which they consider competent: Angola, Belarus, Benin, Cambodia, Canada, China, Costa Rica, Dominican Republic, Ecuador, Egypt, Estonia, Finland, Germany, Guatemala, Honduras, Italy, Japan, Jordan, Kuwait, Lebanon, Lithuania, Luxembourg, Malaysia, Malta, Mauritius, Morocco, Myanmar, Namibia, New Zealand, Nicaragua, Nigeria, Oman, Pakistan, Philippines, Poland, Romania, Saudi Arabia, Singapore, Slovenia, Suriname, Trinidad and Tobago, Tunisia, Turkey, Ukraine, United Arab Emirates, United Kingdom, Viet Nam, Zambia and Zimbabwe.

84. The Committee welcomes the special efforts made by the following governments: Angola, India and Suriname.

85. The discussions in the Conference Committee have shown that the obligation of submission reinforces the relations between the Organization and the competent authorities and stimulates the ratification of Conventions and tripartite dialogue at the national level. The Worker members and the Employer members of the Conference Committee have emphasized that the submission to national parliaments, as required by article 19 of the Constitution of the ILO, should be a matter of course in a democratic State.

90. As in its previous reports, the Committee in section III of Part Two of this report makes individual observations on the points that should be brought to the special attention of governments. In addition, requests for additional information on other points have been addressed directly to a certain number of countries (see the list at the end of Part II, section II).

92. The Committee regrets that no information has been supplied by the governments of the following 14 countries showing that the instruments adopted by the Conference during at least the last seven sessions (from the 83rd to the 89th Sessions) have in fact been submitted to the competent authorities: Afghanistan, Armenia, Cambodia, Comoros, Haiti, Kyrgyzstan, Lao People's Democratic Republic, Latvia, Sao Tome and Principe, Sierra Leone, Solomon Islands, Somalia, Turkmenistan and Uzbekistan.

96. 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 Employment Policy Convention, 1964 (No. 122), and the Employment Policy (Supplementary Provisions) Recommendation, 1984 (No. 169), and aspects relating to the promotion of full, productive and freely chosen employment of the Human Resources Development Convention, 1975 (No. 142), and of the Job Creation in Small and Medium-Sized Enterprises Recommendation, 1998 (No. 189).

A. Cooperation in the field of standards with the United Nations, the specialized agencies and other international organizations

101. 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 Indigenous and Tribal Populations Convention, 1957 (No. 107), to the United Nations Food and Agriculture Organization (FAO), the Inter-American Indian Institute of the Organization of American States, the United Nations, the United Nations Office of the High Commissioner for Human Rights, the United Nations Educational, Scientific and Cultural Organization (UNESCO) and the World Health Organization (WHO);

- the Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117), to FAO, the United Nations, the United Nations Office of the High Commissioner for Human Rights and UNESCO;

- 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, the United Nations and the United Nations Office of the High Commissioner for Human Rights;

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

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

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

102. 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, this has been done with regard to:

- the International Covenant on Economic, Social and Cultural Rights (three 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 Committee on the Rights of the Child (three sessions).

European Code of Social Security and its Protocol

105. In accordance with the supervisory procedure established under article 74(4) of the Code, and the arrangements made between the ILO and the Council of Europe, the Committee of Experts examined 16 reports on the application of the European Code of Social Security and, as appropriate, its Protocol. It noted that the States parties to the Code and the Protocol continue in large measure to apply them. At the sitting in which the Committee examined the reports on the European Code of Social Security and its Protocol, the Council of Europe was represented by Ms. Michelle Akip. The conclusions of the Committee regarding these reports will be sent to the Council of Europe.

107. In accordance with Article 26 of the European Social Charter, the ILO participates in an advisory capacity in the sessions of the Committee of Independent Experts responsible for supervising the application of the Charter. Since the last session of the Committee, Croatia has ratified the European Social Charter, the Protocol amending the Social Charter and the Additional Protocol to the Charter providing for a system of collective complaints. The latter two instruments have also been ratified by Belgium. Furthermore, Latvia has ratified the Protocol amending the Social Charter.

108. 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.

111. During the present session, the Committee exchanged views with the President and members of the European Committee of Social Rights on matters of common interest. Moreover, the Committee received an official visit from judges of the Supreme Court of Spain, during which there was an exchange of views on the application of international labour standards. Finally, the Committee had the opportunity to meet and exchange views with experts of the Committee on Economic, Social and Cultural Rights of the United Nations Economic and Social Council.

* * *

Geneva, 12 December 2003.

(Signed) Robyn Layton, QC,

A. Al-Fuzaie,

Appendix to the General Report

Composition of the Committee of Experts on the Application of Conventions and Recommendations

Mr. Rafael ALBURQUERQUE (Dominican Republic),

Endnotes