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 Organisation on the action taken with regard to Conventions and Recommendations, held its 57th Session in Geneva from 12 to 25 March 1987. The Committee has the honour to present its report to the Governing Body.

2. The Committee noted with regret that Sir Adetokunbo ADEMOLA, GCFR, GCON, KBE, Kt, CFR, PC (Nigeria) had asked to be relieved of his duties as a member of the Committee. It paid tribute to the outstanding contribution that he had made to the work of the Committee for 25 years, through his experience and devotion to the principles of the ILO, and through the wisdom and fairness with which he chaired the work of the Committee over the previous ten years.

3. The Committee noted that, in order to fill the vacant seat, the Governing Body had appointed Mr. B.O. NWABUEZE (Nigeria), whom it was happy to welcome to the present session.

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

Mr. Benjamin AARON (United States),

Mr. Roberto AGO (Italy),

Mrs. Badria AL-AWADHI (Kuwait),

Mr. Prafullachandra Natvarlal BHAGWATI (India),

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

Mr. Arnold GUBINSKI (Poland),

Mr. Semion A. IVANOV (USSR),

Mr. Bernd Baron von MAYDELL (Federal Republic of Germany),

Mr. Kéba MBAYE (Senegal),

Mr. Benjamin Obi NWABUEZE (Nigeria),

Mr. Edilbert RAZAFINDRALAMBO (Madagascar),

Mr. José María RUDA (Argentina),

Mr. Akira SHIGEMITSU (Japan),

Mr. Arnaldo Lopes SUSSEKIND (Brazil),

Mr. Antti Johannes SUVIRANTA (Finland),

Mr. Boon Chiang TAN (Singapore),

Mr. Fernando URIBE RESTREPO (Colombia),

Mr. Jean-Maurice VERDIER (France),

Mr. Budislav VUKAS (Yugoslavia),

Sir John WOOD (United Kingdom),

5. The Committee elected Sir William DOUGLAS as Chairman and Mr. E. RAZAFINDRALAMBO as Reporter of the Committee.

6. In pursuance of its terms of reference, as revised by the Governing Body at its 103rd Session (Geneva, 1947), the Committee was called upon to examine:

(i) the annual reports under article 22 of the Constitution on the measures taken by Members to give effect to the provisions of the Conventions to which they are parties, and the information furnished by Members concerning the results of inspection;

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

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

7. The Committee, after an examination and evaluation of the above-mentioned reports and information, drew up its present report, consisting essentially of the following three parts: Part One is the General Report in which the Committee reviews general questions concerning international labour standards and other instruments and their implementation. Part Two contains observations concerning particular countries on the application of ratified Conventions (see section I and paragraphs 118 to 148 below), on the application of Conventions in non-metropolitan territories (see section II and paragraphs 118 to 148 below), and on the obligation to submit instruments to the competent authorities (see section III and paragraphs 149 to 159 below). Part Three, which is published in a separate volume (Report III (Part 4B)) reviews the reports supplied by governments under article 19 of the Constitution on the Guarding of Machinery Convention, 1963 (No. 119) and Recommendation, 1963 (No. 118) and on the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) and Recommendation, 1977 (No. 156) (see also paragraphs 160 to 164 below).

8. Mr. Kurt Herndl, Assistant Secretary-General for Human Rights in the United Nations, addressed the Committee. He stressed the value of existing collaboration between the United Nations and the ILO, which operated both between established organs and at secretariat level, and voiced his appreciation of the professionalism of the International Labour Organisation and its expert organs in their work in aid of human rights. He expressed the hope that mutual understanding between the ILO and the UN human rights organs would continue to prevail, based on a realisation of the complexities of the tasks involved and the complexities faced by each organisation with regard to its constituency.

II. SIXTIETH ANNIVERSARY OF THE ESTABLISHMENT OF THE COMMITTEE - RESTATEMENT OF THE FUNDAMENTAL PRINCIPLES, MANDATE AND METHODS OF WORK OF THE COMMITTEE

Introduction

9. The Committee of Experts was set up by the Governing Body following the adoption of a resolution by the Conference in 1926. The Committee's first session took place in May 1927. It then comprised eight members and met for three days. It had to examine 180 reports on the application of ratified Conventions, from 26 States. The International Labour Organisation was at that time composed of 55 member States, which had deposited a total of 229 instruments of ratification. The International Labour Conference had adopted 23 Conventions and 28 Recommendations. At 31 December 1986, 150 States were Members of the Organisation, the Conference had adopted 162 Conventions and 172 Recommendations; the Office had registered 5,276 ratifications and 1,161 declarations of application of Conventions to non-metropolitan territories (1,092 of which were without modifica- tion). These developments have not failed to influence the volume and complexity of the Committee's work. They explain why the Committee has periodically reviewed its working methods. It last did so in 1977 on the occasion of the 50th anniversary of its establishment. (Endnote 1) After an interval of ten years, and following a preliminary discussion in 1986, the Committee decided once more to consider these matters and to include in the present report an up-to-date statement of its fundamental principles, terms of reference and working methods.

10. According to the resolution of 1926, the work of the Committee was aimed at "making the best and fullest use" of the reports on ratified Conventions and "securing such additional data as may be provided for in the forms approved by the Governing Body and found desirable to supplement that already available". The Committee'sreport was to be submitted to the Conference through the Governing Body. In 1946, the Conference adopted an instrument to amend the Constitution of the ILO that introduced several new reporting obligations: governments were called on to supply information on the submission of newly adopted Conventions and Recommendations to the competent national authorities, on the effect given to unratified Conventions and to Recommendations, and on the application of ratified Conventions in non-metropolitan territories. The Governing Body accordingly widened the terms of reference of the Committee of Experts to include these additional matters.

11. Within these broadly defined terms of reference, the Committee has always enjoyed autonomy in determining its working methods. This is indeed a general characteristic of ILO supervisory procedures, to be found also in relation to other bodies such as the Committee on Freedom of Association, commissions of inquiry and fact- finding and conciliation commissions. In his reply to the discussion of his report to the Conference in 1984, which dealt more particularly with international labour standards, the Director-General of the ILO pointed out that the methods used by the various bodies had evolved gradually and in a realistic way over a period of time, and that stock had been taken of them in periodic reviews. It followed clearly from the broad debate on standards at the Conference in 1984 that this process of review, adaptation and improvement should continue.

12. Mention should also be made of the spirit of mutual respect, co-operation and responsibility that has always existed in relations between the Conference and the Conference Committee on the Application of Conventions and Recommendations, the Governing Body and the Committee of Experts. Thus, when called upon after the constitutional revision of 1946 to examine the reports of member States on the application of unratified Conventions and on Recommendations, the Committee of Experts considered it appropriate to make general surveys of law and practice in the countries concerned (and, since 1956, to take account also of the reports prepared under article 22 of the Constitution by States that had ratified the Conventions in question). Arrangements were later made between the ILO and the United Nations and between the ILO and the Council of Europe for the ILO to assist in the examination of the implementation of the International Covenant on Economic, Social and Cultural Rights and of the European Code of Social Security respectively. It was to the Committee of Experts that the Governing Body entrusted the responsibility of analysing the reports (or those parts of the reports dealing with matters within the competence of the ILO) submitted by States under those special procedures. For practical reasons - to avoid overburdening its report - the Committee decided in 1957 to address certain comments directly to the governments concerned, instead of setting them out in its report, such cases being, however, listed in the report. Direct requests are used in particular when the Committee wishes to obtain clarification on certain points before expressing an opinion or when the questions raised are of a technical nature.

13. In 1959 there was a typical example of collaboration between the Committee of Experts, the Governing Body and the Conference Committee on the Application of Conventions and Recommendations, when the last-mentioned bodies approved the suggestion made by the Committee of Experts that changes be made in the frequency with which detailed reports were to be requested under article 22 of the Constitution: reports were henceforth called for only every two years (a period extended to four years in 1976 for most Conventions), (Endnote 2) except where there were serious and persisent divergencies, when an examination of the situation ought not to be delayed. It is on this basis that the Committee of Experts decided to refer in footnotes to cases in which governments were to be asked to report in detail during the intervening period and/or to supply full particulars to the Conference at the following session. The Committee then explained that the fact of requesting the communication of particulars in certain cases to the following session of the Conference should in no way deprive the Conference of the possibility of asking a government to provide information on other cases on which comments had been made.

14. Employers' and workers' organisations have a distinctive role to play in the supervisory machinery of the ILO. The International Labour Conference emphasised this aspect particularly in 1971 and in 1977, in resolutions calling for the strengthening of tripartism. (Endnote 3) It may be recalled that, by virtue of article 23, paragraph 2, of the Constitution of the ILO, member States are required to communicate to the representative organisations of employers and workers copies of the information and reports communicated to the Director-General in pursuance of articles 19 and 22. The above-mentioned resolutions led the Committee of Experts to examine with particular care the manner in which States carry out this obligation. Workers' and employers' organisations, moreover, have the right to make observations on the application of Conventions, communicating them through the government concerned or directly to the ILO. The Committee gave a full account of these procedures in its report of 1986. (Endnote 4) It recalled that the Governing Body had decided that any comments addressed directly to the Office should be communicated to the governments concerned for observations, but that if such observations were not received within a reasonable period the Committee would nevertheless examine the substance of the comments.

15. Following the above-mentioned Conference resolutions, and on the recommendation of the Committee of Experts, the Governing Body decided to amplify the question in the report forms for ratified Conventions relating to the obligation to communicate to the representative organisations copies of reports sent to the ILO, as well as the question concerning any comments received from the employers' and workers' organisations. (Endnote 5) The Office has also taken measures to inform employers' and workers' organisations of the possibilities open to them of contributing to the application of ILO standards. At the request of Workers' delegates, it has organised study meetings on ILO standards for worker representatives at the International Labour Conference and regional conferences; more recently national seminars for workers and employers have also been organised with the assistance of the ILO. These measures have made employers' and workers' organisations better aware of the part they can play in ILO supervision, a fact reflected in the increase in the number of comments received under the regular system of supervision based on the submission of reports (147 in 1986, 155 this year). A significant increase has also taken place in the number of representations received under article 24 of the Constitution. (Endnote 6)

16. The Committee's work has thus greatly increased with the expansion of the obligations of member States and the corresponding expansion of its terms of reference, and also with the growing numbers of member States and of the standards adopted. The Committee has examined the implications of these developments. Its constant concern has been to adapt and to improve its working methods, without departing from the basic principles which it has always followed and which have won respect for its activities and largely explain the results obtained. (Endnote 7) These principles and methods, as well as the Committee's terms of reference, are recalled below.

Terms of reference in regard to obligations under the ILO Constitution and ILO Conventions

17. Under its terms of reference, as revised at the 103rd Session of the Governing Body (Geneva, 1947), the Committee is called upon to examine:

(i) the annual reports under article 22 of the Constitution on the measures taken by Members to give effect to the provisions of Conventions to which they are parties, and the information furnished by Members concerning the results of inspection;

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

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

Composition

18. The members of the Committee are appointed by the Governing Body in their personal capacity, on the proposal of the Director-General, for a period of three years, renewable for further periods of three years. According to the principles adopted by the Governing Body when it set up the Committee, the members are to be chosen as persons of independent standing, completely impartial and on the ground of their competence; they should in no sense be considered as representatives of governments. The members are drawn from all parts of the world so as to possess first-hand experience of different legal, economic and social systems.

Fundamental principle

19. The Committee once more reaffirms that its work can have value only to the extent it remains true to its tradition of independence, objectivity and impartiality in pointing out the extent to which the position in each State appears to be in conformity with the terms of Conventions and the obligations that the State has undertaken by virtue of the Constitution of the ILO.

20. The Committee also recalls its earlier statement that, in its evaluation of national law and practice in relation to the requirements of international labour Conventions, "its function is to determine whether the requirements of a given Convention are being met, whatever the economic and social conditions existing in a given country. Subject only to any derogations which are expressly permitted by the Convention itself, these requirements remain constant and uniform for all countries. In carrying out this work, the Committee is guided by the standards laid down in the Convention alone, mindful, however, of the fact that the modes of their implementation may be different in different States. These are international standards, and the manner in which their implementation is evaluated must be uniform and must not be affected by concepts derived from any particular social or economic system". (Endnote 8)

21. The Committee has also pointed out that its terms of reference do not require it to give definitive interpretations of Conventions, competence to do so being vested in the International Court of Justice by article 37 of the Constitution; nevertheless, in order to carry out its function of evaluating the implementation of Conventions, the Committee has to consider and express its views on the meaning of certain provisions of Conventions. (Endnote 9)

Application of ILO Conventions in different economic and social conditions

22. Paragraph 20 above restates the position of principle adopted by the Committee regarding the manner of determining whether the requirements of a Convention are met. When the application of the Conventions on freedom of association, the abolition of forced labour and the prevention of discrimination in particular countries has been considered, two members of the Committee have, however, expressed certain reservations. They have observed that in the world of today, characterised by the existence of different social, economic, political and legal systems, the standards of universal international Conventions, which are generally democratic in their social nature, may in the course of their implementation engender domestic legal standards belonging to either a socialist or a capitalist system. This means, in their view, that social realities produced as a result of the implementation of international labour Conventions or social realities with which these Conventions are confronted may be different in capitalist and socialist countries, although in both cases these realities may be in conformity with the Conventions; this is especially true of Conventions that touch on fundamental principles and structures of the existing social systems. They have considered that there is a tendency in this situation to assume that the methods and results of implementation of these Conventions in capitalist countries are the only ones that are in conformity with the Conventions, and have observed that such an approach is incompatible with the very foundation of international law, which is peaceful coexistence.

23. In the light of these statements, the Committee has regularly reasserted its position. It recognises that the social realities existing in countries based on different social and political systems, although differing from one another, may be in conformity with particular ILO Conventions. Divergencies between national law or practice and a ratified Convention may, however, occur in countries belonging to any of these systems. In compliance with its terms of reference, while noting the various political, economic and social conditions existing in different countries, the Committee has to examine, and has in fact examined, from a strictly legal point of view, to what extent countries which have ratified Conventions give effect in their law and practice to the obligations that derive therefrom and are binding on them, irrespective of their political, social or economic system. The Committee's observations contain the conclusions drawn by it from a uniform application of this objective approach, in the strict framework of the guarantees provided for in the Convention concerned.

24. The Committee feels it appropriate to point out that, in addition to evaluating the extent to which the requirements of ratified Conventions are being met, ILO supervisory bodies also have to consider the nature and timing of efforts made by governments with a view to correcting any shortcomings noted. In the latter respect, they regularly take account of difficulties encountered, such as natural calamaties or even general economic difficulties. They have also repeatedly stressed the importance which the provision of assistance by the ILO may have in overcoming such difficulties.

Examination of national laws

25. The Committee has considered to what extent it may be called upon to enter into questions concerning the meaning and scope of national law. It is obviously for the national courts or other competent organs to provide an interpretation of the legal texts of their country. However, in evaluating the application of Conventions in countries that have ratified them, the Committee of Experts has a duty to consider the meaning and scope attributed, especially in practice, to particular national provisions. The Committee will examine the available decisions in the country concerned, in order to determine whether they are compatible with the requirements of the Convention. Where the Committee considers that those decisions do not provide a satisfactory answer to the particular point giving rise to difficulty in the application of the Convention, it will ask for the adoption of measures to correct or clarify the situation.

Dialogue with governments and employers' and workers' organisations

26. The Committee recognises the value of the broadest possible dialogue between the Organisation and governments and employers' and workers' organisations on questions relating to the application of Conventions. A series of measures have been adopted with a view to intensifying such dialogue. Questions relating to standards appear regularly on the agenda of ILO regional meetings. Regional advisers on international labour standards were appointed in 1980 for Africa, Latin America and Asia and the Pacific; the regional adviser on labour administration for Western Asia also deals with questions concerning ILO standards. Regional and subregional seminars are organised for officials of ministries of labour and for leaders of employers' and workers' organisations. Governments also organise seminars on international labour standards at the national level, with the assistance of the ILO. This is also done by occupational organisations. There has, furthermore, been a marked development in individual training periods organised by the ILO on these matters for national civil servants or leaders of occupational organisations, and increased resources have been set aside for that purpose.

27. The ILO has also recently sought means of improving co-ordination between standard-setting activities and technical co-operation within the Organisation. A study has been made with a view to strengthening the links between these two forms of action. Those links are of two kinds. Firstly, the experience derived from technical co-operation programmes can obviously be of great value when ILO standards are being drawn up, and operational activities should assist in giving effect to those standards and in particular in enabling countries to overcome difficulties noted by the Committee of Experts and other supervisory bodies. Secondly, international labour Conventions and Recommendations must also serve as a guide in the preparation and carrying out of standards-related technical co-operation projects.

28. The ILO has also endeavoured to intensify dialogue through what are known as "direct contacts" missions (Endnote 10) and other missions of a less formal nature. Direct contacts originated from a proposal made by the Committee in 1967. The procedure has undergone considerable development on account of the welcome it received both in the Conference Committee on the Application of Conventions and Recommendations and generally from governments. It is also used in connection with other supervisory procedures, in particular in the examination of complaints by the Committee on Freedom of Association. It consists in a visit by a representative of the Director-General of the ILO to the country concerned with a view to resolving difficulties brought to light in examining the application of Conventions and, where appropriate, establishing facts, particularly when the problems under consideration concern the practical application of national and international standards. Very frequently, too, direct contacts have provided the country concerned with technical assistance, in the form, for example, of advice on the kind of measures to adopt or assistance in the drafting of amendments to national legislation or in the introduction of procedures to facilitate the observance of the obligations deriving from ILO standard-setting activities. From September 1969 to March 1986, leaving aside cases dealt with by the Committee on Freedom of Association, some 40 countries, from every region of the world, have resorted to the procedure of direct contacts, several of them more than once. These contacts have related to some 370 cases of difficulties encountered, mainly in the application of ratified Conventions, though also in the observance of the constitutional obligations concerning the submission of newly adopted instruments to the competent authorities and the communication of reports under articles 19 and 22 of the Constitution. The representative appointed by the Director-General can be an independent person or an official of the ILO. Generally speaking, the Committee of Experts has not deemed it appropriate, as it stated in its report in 1979, (Endnote 11) for the representative to be chosen from among its members, since the Committee is called on subsequently to assess the situation.

29. Even in the absence of recourse to the procedure of direct contacts, the Director-General may instruct a representative to make a less formal visit for discussions with the government authorities and employers' and workers' organisations, to assist in resolving a given problem. Such advisory missions have increased in recent years. That trend has the full support of the Committee.

30. The continuing development of these procedures should bring about improved dialogue with governments and employers' and workers' organisations and facilitate the practical application of Conventions. Such visits to countries ought also to lead to a better understanding of the problems facing governments and accordingly to help in finding the most appropriate solutions in the light of ILO standards. The Committee may recommend such missions, for example, when there is reason to suppose that the questions at issue may sooner or later be discussed by the Conference.

31. An important aspect of the ILO supervisory system resides in the opportunities which are provided for participation by employers' and workers' organisations. In the case of the work undertaken by the Committee of Experts, this finds expression more particularly in the communication of information and comments by such organisations, for consideration by the Committee. The Committee reviewed practice and experience in this regard in its report of 1986. (Endnote 12)

Co-ordination between supervisory procedures

32. The question has arisen how far the Committee, in studying the application in a given country of Conventions on freedom of association, may take account of complaints presented to the Committee on Freedom of Association. While a matter is before another supervisory body of the ILO, the constant practice of the Committee is to wait for the conclusions of that body before examining the questions raised. (Endnote 13) The Committee has, however, regularly referred to the conclusions and recommendations adopted by the Committee on Freedom of Association, even where they are of an interim nature. Where the country concerned has ratified the Convention in question, the Committee on Freedom of Association, moreover, generally calls the attention of the Committee of Experts to any conclusion which it has reached on points of law. The Committee of Experts is thus called upon to follow developments.

33. The Committee on Freedom of Association has also to deal with many questions of fact in its particular field. Some of these questions have too restricted a significance to call for examination by the Committee of Experts. Others, however, refer to constant or general practices that may have a lasting effect on the application of the Conventions on freedom of association. The Committee of Experts considers it appropriate to be systematically informed of all such cases, in order to be able to examine their implications for the observance of relevant ratified Conventions.

Application of "promotional" Conventions

34. The Committee has also had to examine the way in which States fulfil their obligations in the application of what have come to be called "promotional" Conventions. Such Conventions cannot be satisfied merely by the process of legislation. They generally do not lay down precise standards: their objectives can only be fulfilled by steady and continuing progress towards the goals set; action will need to be taken at times to resist countervailing tendencies. It is of course a matter of degree. Many Conventions have elements of this kind but still can rest on the firm ground of legislation properly enforced. Others rely more heavily upon policies and attitudes adopted and action taken not susceptible to that type of legal formalism.

35. Examples of such promotional Conventions are those concerning employment policy (No. 122), human resources development (No. 142), vocational rehabilitation and employment of disabled persons (No. 159), and occupational health services (No. 161). In such Conventions the ratifying State binds itself to achieve set objectives, which can be elusive, by a continuing programme of action. Various other Conventions lay down certain requirements of a clearly defined nature while also calling for promotional measures of a more general character. Examples of this type of instrument are the Conventions relating to equal remuneration (No. 100), discrimination in respect of employment and occupation (No. 111) and rural workers' organisations (No. 141).

36. The nature of the questions which the Committee has to consider in supervising the implementation of standards of a promotional nature may be illustrated by reference to a particularly obvious example, Convention No. 122. Its aim is to achieve "full, productive and freely chosen employment", requiring a co-ordinated policy in a wide range of economic spheres (investment policy, fiscal and monetary policies, trade policy, policies concerning prices, incomes and wages, etc.) and social spheres. These will require continual adjustment to meet changing national and international conditions. The reports received by the Committee in respect of Convention No. 122 will disclose changes, some of them unfortunately adverse. How has the Committee dealt with them? It recognises that there will be areas in which a variety of options may be open to the governments concerned. It feels, however, that it can properly monitor progress in these respects. The evolving pattern in the State itself can be considered and questions raised to clarify the causes of the changes (whether for better or worse) and the actions taken by the State to continue the trends (where there is improvement) or to reverse them (where the case is otherwise). It is equally important to look at the changes in the wider context of States of similar nature. No two States are alike but divergent trends can be a useful indicator and differing action can be a helpful guide to future policy. Although the Committee may indicate whether the objectives of the Convention have been partly achieved and may find it necessary to draw the State's attention to a failure, the aim of its comments will more often be to clarify problems and to assist with comments of a constructive nature.

Organisation of the work of the Committee

37. Dates of the annnual session. The Committee holds its annual session at a date and for a period determined by the Governing Body.

38. Chairman and Reporter of the Committee. At every session the Committee elects a chairman and a reporter for the duration of the session.

39. Participation of other organisations. The United Nations is invited to appoint a representative to attend the sessions of the Committee. When the Committee examines instruments or questions that also come within the competence of other intergovernmental organisations, whether belonging to the United Nations system or of a regional character, representatives of those organisations are invited to take part in the sittings of the Committee.

40. Confidentiality. The Committee meets in private. Its discussions and preparatory documents are confidential.

41. Examination of questions before the Committee. The Committee assigns to each of its members the initial responsibility for a group of Conventions or a given subject. The number of reports and of subjects requiring study makes it essential for a preliminary analysis to be carried out before the Committee as a whole examines the questions to be dealt with. Information and reports received by the Office sufficiently early are transmitted to the experts concerned before the meeting of the Committee. Each expert submits to the Committee in plenary sitting conclusions in the form of draft observations or direct requests for examination and approval by it.

42. The Committee establishes working parties to consider two types of questions. Certain working parties are set up regularly to deal with matters of a general and recurring nature. One example relates to the preparation of the general surveys based on the reports submitted under articles 19 and 22 of the Constitution that are devoted each year to a particular subject chosen by the Governing Body. Another has concerned the preparation of reports on the progress made in achieving the observance of the International Covenant on Economic, Social and Cultural Rights. Other working parties are set up occasionally on an ad hoc basis to deal with specific questions. For example, in 1978 the Committee set up a working party on the submission of Conventions and Recomendations to the competent authorities. Other working parties have been set up occasionally to examine questions of interpretation and principle relating to particular Conventions or the relations between several Conventions. The conclusions of all working parties are submitted to the whole Committee for consideration and adoption.

43. Furthermore, the Committee decided in 1977 that members should be able to consult one another at the preliminary stage in the examination of reports. Accordingly, any member may ask to be consulted by the expert responsible for a given Convention before the completion of the draft findings, and the responsible expert himself may consult other members of the Committee where he considers this desirable. The final wording of the drafts to be submitted to the Committee, however, remains the responsibility of the expert entrusted with the examination of the reports or information concerned. All drafts are examined and approved by the Committee in plenary sitting, and each member is naturally free to make comments and proposals at that stage.

44. Available information. The Committee has requested the Office, in the case of first reports received from governments after ratification of a Convention and also after major changes in legislation, to prepare a comparative analysis of the situation of law and practice in the country concerned in relation to the Convention; the analysis is submitted to the expert responsible for the Convention. The Committee has also asked the Office to prepare for the responsible expert notes on legal questions which may prove to be necessary on a given file. It has further asked the Office to ascertain, on receipt of a report, whether the report takes account of any earlier comments by the Committee. If it does not, the Office is requested, without going into the substance of the matter, to call the attention of the Government to the need for a reply. The Office is also requested, where reports are not accompanied by copies of the relevant legislation, statistical data or other documentation necessary for a full examination of the situation and this material is not otherwise available, to write to the governments concerned requesting them to supply such documents.

45. In general, the documentation available to the Committee includes the information supplied by governments in their reports or to the Conference Committee on the Application of Conventions and Recommendations, legislative texts, collective agreements and relevant court decisions, information on the results of inspections furnished by member States, information and comments from employers' and workers' organisations, conclusions of other ILO bodies (such as commissions of inquiry and the Committee on Freedom of Association) (Endnote 14) and the results of technical co-operation.

46. The problem of securing sufficient information on the practical application of Conventions remains one of the most difficult facing the Committee, leaving much uncertainty as to the way in which States give effect in practice to ILO instruments of the ILO. (Endnote 15) Measures permitting increased dialogue with governments and occupational organisations, including wider use of direct contacts and other advisory missions, should lead to a better understanding of the difficulties met with in giving effect to ILO standards.

47. Forms of the Committee's conclusions. The Committee presents its conclusions in the form of observations, comments and surveys set out in its report or of requests that, for practical reasons, are communicated directly to the governments concerned by the Director-General on behalf of the Committee. Direct requests may be made available to any person or organisation having a justifiable interest to consult them.

48. Although the conclusions of the Committee have traditionally represented unanimous agreement among its members, decisions can be taken by a majority. Where that happens, it is the established practice of the Committee to include in its report the opinion of the dissenting members, if they so request, together with any response which the Committee may deem appropriate.

49. Submission of the report. The Committee's report is submitted to the Governing Body and published as a report to the next general session of the International Labour Conference.

50. A member of the Committee, Mr. A. Gubinski, while noting that the point of departure for the Committee's work was the text of the international instruments, stated that, in evaluating their implementation, one could not avoid taking into account differences in social and economic as well as in political and legal conditions. Those conditions had repercussions on the mechanisms of social development, on the motivation for people's activities, on the hierarchy of current values. It followed from all this that account must be taken not only of the actual terms of the international instruments, but also of the realities of life. The question of the operating methods of the Committee of Experts was related to that issue. While the practice of assigning to individual experts the responsibility of acting as reporter had worked effectively for Conventions which might be described as organisational or technical, doubts arose when one was dealing with Conventions concerning fundamental human rights, such as those on forced labour, discrimination, employment policy and freedom of association. The evaluation of application of those Conventions was linked to questions concerning varying social and economic conditions, to diverse political and moral conceptions, and to differences in legal systems. In Mr. Gubinski's view, comments concerning the latter Conventions ought to be prepared not by one expert, but by working groups composed of representatives of the main social and economic systems. That was all the more indicated because an analysis of practice showed that experts who came from countries where the socialist system of law prevailed were never designated as reporters on Conventions dealing with fundamental human rights. Mr. Gubinski stated that he saw no difficulty in a higher rank being assigned by the Committee to the Conventions dealing with basic human rights.

51. Another member, Mr. S.A. Ivanov, associated himself with Mr. Gubinski's observations. Furthermore, he emphasised the current interest in setting up small working groups to examine the application of Conventions dealing with fundamental human rights. Such groups should be composed of three experts coming from countries with different legal, economic and social systems. In his view, this would make it possible to examine national legislation and practice in relation to these Conventions in a thorough manner.

52. Having regard to the preceding observations, the Committee wishes to point out that, although it assigns to individual members responsibility for the initial examination of reports on the application of ratified Conventions, those reports and other relevant documentation are at the disposal of the entire Committee. The arrangements which the Committee has instituted for consultation among its members at the stage of preparation of draft comments have made it possible to take into account the knowledge and expertise of the various members, sometimes to obviate differences of assessment, and in any event to facilitate a proper understanding of the situation. In the limited number of cases in which the Committee's conclusions have not been unanimous, the points at issue have related to problems which necessarily required a full discussion by the Committee as a whole. Examination of such cases by small working groups would be unlikely to eliminate the differences which have found expression. The issues involved would still require consideration and decisions by the entire Committee, in exercise of its collective responsibility.

III. GENERAL

Membership of the Organisation

53. Since the Committee's last session the number of member States of the ILO has remained at 150.

New standards adopted by the Conference in 1986

54. The Committee noted that at its 72nd Session (June 1986) the International Labour Conference adopted the Asbestos Convention (No. 162) and Recommendation (No. 172).

Obligations binding member States

55. Following the ratification by Mexico of the Occupational Health Services Convention, 1985 (No. 161), the Convention will enter into force on 17 February 1988.

56. During 1986, 35 ratifications by 11 member States were registered. The total number of ratifications at 31 December 1986 was 5,276.

57. No denunciations were registered during 1986, leaving the total number of denunciations unchanged at 47.

58. In 1986, 114 new declarations (111 without modifications and 3 with modifications) were registered concerning the application of Conventions to non-metropolitan territories, of which 67 were by France, 45 by the Netherlands and 2 by the United Kingdom. The total number of declarations at 31 December 1986 included 1,092 declarations without modifications and 69 declarations with modifications. The number of non-metropolitan territories at 31 December 1986 was 31.

59. When Zimbabwe was admitted to the ILO in 1980, the Government stated that, "subject to a declaration of accession to pre-independence treaties and Conventions, which will be made in due course to the Secretary-General of the United Nations", it would continue to be bound by international labour Conventions Nos. 14, 19, 29, 45, 50, 86 and 105 which had been declared applicable to its territory. In a letter dated 8 May 1986, the Government informed the Director-General of the ILO that following a re-examination of the seven Conventions in question, it was decided: (a) to confirm its obligations under the provisions of Convention No. 19; (b) to study the acceptance of the obligations under Conventions Nos. 14 and 45; and (c) to terminate its obligations under Conventions Nos. 29, 50, 86 and 105. Consequently, after informing the Governing Body, the Director-General cancelled the registration of ratification by Zimbabwe of Conventions Nos. 29, 50, 86 and 105. A new communication should be sent to the Director-General from the Government concerning Conventions Nos. 14 and 45.

Discussions and decisions of the ILO Governing Body on international labour standards

60. The Working Group on International Labour Standards, established by the Governing Body in 1984, continued its work in 1986. During the 232nd and 234th Sessions (February-March and November 1986) of the Governing Body, the Working Group re-examined the 1979 classification and held further discussions on the ILO's general policy in this regard. At the conclusion of its meetings, a draft final report was prepared, which was adopted by the Governing Body at its 235th Session (February-March 1987). In addition to the revised classification of existing instruments and possible subjects for new standards, the report contains a summary of the discussions and of comments made on the general policy of the ILO in regard to standard-setting activity as well as overall suggestions concerning practical measures which may be taken to improve the understanding and use of standards.

61. At its 234th Session (November 1986), the Governing Body decided to recommend to the Conference, at its 73rd Session (1987), the amendment of certain articles of the Standing Orders of the Conference concerning the procedure for drawing up Conventions and Recommendations in order to ensure better consultation with employers' and workers' organisations and the inclusion of summaries of replies from employers' and workers' organisations in the reports submitted to the Conference, and the introduction of stricter rules for the transformation of a draft Recommendation into a Convention at the second discussion.

Constitutional and other procedures

62. The Committee was informed of the following decisions taken by the Governing Body in cases involving recourse to the constitutional procedures of complaint and representation and to other procedures.

63. At its 230th Session (June 1985), the Governing Body had before it the report of the committee set up to examine the representation made under article 24 of the Constitution concerning the observance of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) by the Federal Republic of Germany. After hearing a statement by the representative of the Government of the Federal Republic of Germany, the Governing Body decided, in application of article 10 of the Standing Orders governing this procedure, to refer the matter to a commission of inquiry in accordance with article 26, pararaph 4, of the Constitution. At its 231st Session (November 1985), the Governing Body appointed the members of this commission. The report of the Commission of Inquiry was presented at the 235th Session (February-March 1987) of the Governing Body, which deferred its examination to its 236th Session (May-June 1987).

64. At its 234th Session (November 1986), the Governing Body adopted the report of the committee set up to examine the representation presented by the National Trade Union Co-ordinating Council (CNS) of Chile under article 24 of the Constitution, alleging non-observance of Conventions Nos. 1, 2, 24, 29, 30, 35, 37, 38 and 111 by Chile and it declared the procedure closed. The Government was requested to supply, in the reports due under article 22 of the Constitution, detailed information on the measures taken to give effect to the various recommendations of the Committee, in order to enable the Committee of Experts to pursue the examination of the points concerned.

65. At its 234th Session (November 1986), the Governing Body declared receivable the representation made under article 24 of the Constitution by 29 Japanese trade unions alleging non-observance by Japan of the Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96), and the representation made by the State Federation of Associations of Employees and Workers of the State Administration under article 24 of the Constitution alleging non-observance by Spain of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) and the Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117). The Governing Body set up a tripartite committee to examine each of these representations.

66. At its 233rd Session (May-June 1986), the Governing Body decided that the representation made under article 24 of the Constitution by the Union of Building and Construction Workers of Nablus and 13 other trade unions alleging non-observance by Israel of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) was not receivable and requested the Director-General, when transmitting its decision to the authors of the representation, to inform them that they were entitled to submit the information contained in the representation once again in the form of a complaint under the freedom of association procedure.

67. A complaint was made under article 26 of the Constitution by the Government of Tunisia alleging non-observance by the Libyan Arab Jamahiriya of the Protection of Wages Convention, 1949 (No. 95), the Discrimination (Employment and Occupation), Convention, 1958 (No. 111) and the Equality of Treatment (Social Security) Convention, 1962 (No. 118). A representation was made under article 24 of the Constitution by the Egyptian Trade Unions Federation alleging non-observance by the Libyan Arab Jamahiriya of Conventions Nos. 95 and 101. Discussions concerning these questions are taking place under the auspices of the International Labour Office between Libyan and Tunisian government experts. New measures to find a solution to the problems raised are under examination.

68. At its 235th Session (February-March 1987), the Governing Body declared irreceivable the representation presented by the Oil, Chemical and Atomic Workers (OCAW) International Union, AFL-CIO, under article 24 of the ILO Constitution, regarding the non-observance by the Government of the Federal Republic of Germany of Conventions Nos. 29, 62, 81, 87, 98, 99, 100, 102, 111, 132, 135, 138, 139, 144, 148, 154, 155 and 156.

69. At the same session, the Governing Body declared receivable the representation made under article 24 of the ILO Constitution by the Hellenic Airline Pilots Association alleging non-observance by the Government of Greece of the Forced Labour Convention, 1930 (No. 29), and the Abolition of Forced Labour Convention, 1957 (No. 105), and set up a tripartite committee to examine it.

70. The Committee also noted that the Committee on Freedom of Association of the Governing Body had recommended that the Committee of Experts' attention be drawn to certain aspects of the conclusions adopted in several of the cases examined since the March 1986 Session (244th to 250th Reports). This applied in particular to the cases concerning Bangladesh (Case No. 1326), the Dominican Republic (Case No. 1339), Fiji (Case No. 1379), Guyana (Case No. 1330), Malta (Case No. 1349), Pakistan (Case No. 1332), Peru (Case No. 1367), the Philippines (Case No. 1353), Portugal (Case No. 1370) and Turkey (Cases Nos. 997, 999 and 1029).

71. In its 245th, 247th and 249th Reports, the Committee on Freedom of Association submitted interim conclusions to the Governing Body concerning Turkey, in respect of which a constitutional procedure has been applied. This concerns a representation under article 24 of the Constitution by the General Federation of Norwegian Trade Unions regarding the non-observance of Conventions Nos. 11 and 98 (Cases Nos. 997, 999 and 1029).

72. In its 250th Report, the Committee on Freedom of Association submitted final conclusions to the Governing Body concerning France, in respect of which a constitutional procedure had been applied. This concerned a representation under article 24 of the Constitution by two trade union organisations regarding the non-observance by France of Conventions Nos. 87, 98 and 135 (Case No. 1364).

Twelfth American Regional Conference

73. The Twelfth Conference of American States Members of the International Labour Organisation, which was held from 18 to 26 March 1986 in Montreal, devoted a special sitting to the question of the ratification and application of international labour standards in the countries of the region. The speakers who took part in the discussion generally endorsed the aims of the ILO's standard-setting activities, which for them remained the corner-stone of the ILO's action for the promotion of human rights and social justice.

74. The Conference adopted a resolution concerning international labour standards in the countries of the Americas, in which it called on American States Members of the ILO not to lose sight of the fundamental importance attached to the ratification and implementation of the ILO instruments considered to be of priority and to co-operate fully with the procedures for the supervision of the application of standards, in particular by sending the reports and information requested by the Committee of Experts and by participating in the work of the Conference Committee on the Application of Conventions and Recommendations.

75. In another resolution concerning the protection and promotion of freedom of association of workers and employers in the American region, the Conference invited the Governing Body to call upon the governments of American States Members of the ILO to ratify and fully apply Conventions Nos. 87, 98, 135, 141 and 151 and, pending their ratification, to guarantee in law and in practice the observance of the principles set forth in those Conventions. In addition, the Conference adopted a resolution concerning the strengthening of tripartism in the States of the Americas and in the activities of the ILO.

Functions in regard to other international and regional instruments

International Covenant on Economic, Social and Cultural Rights

76. Under the procedure established by the Economic and Social Council of the United Nations by resolution 1988 (LX) of 11 May 1976, the International Labour Organisation is called upon to report to the Council, in accordance with Article 18 of the International Covenant on Economic, Social and Cultural Rights, on the progress made in achieving the observance of the provisions of the Covenant falling within the scope of its activities. The Governing Body of the International Labour Office entrusted this task to this Committee. Since 1978 the Committee has at each of its sessions examined the position in a number of States Parties to the Covenant and has presented to the Economic and Social Council eight reports on the progress made in the observance of the provisions of the Covenant.

77. This year the Committee prepared its ninth report in accordance with this procedure. The report contains indications on the situation in 13 States, whose reports were forwarded to the ILO by the United Nations. In the cases of Jordan and the Netherlands (Netherlands Antilles), the reports concerned the application of articles 6 to 9 of the Covenant (respecting the right to work, the right to just and favourable conditions of work, trade union rights and the right to social security). The other reports (Austria, Byelorussian SSR, Czechoslovakia, Denmark, German Democratic Republic, Federal Republic of Germany, Japan, Jordan, Mongolia, Poland, Sweden and USSR) concerned the application of article 10 of the Covenant (on maternity protection and the protection of children and young persons in employment and work).

78. It should be recalled that, by resolution 1985/17, the United Nations Economic and Social Council decided to set up a Committee on Economic, Social and Cultural Rights, composed of 18 experts sitting in a personal capacity. In 1987 this Committee succeeded the Working Group of governmental experts that the Economic and Social Council had set up in order to assist it in its examination of the reports on the application of the International Covenant on Economic, Social and Cultural Rights. The first meeting of the new Committee on Economic, Social and Cultural Rights in Geneva from 9 to 27 March 1987 accordingly coincided with the session of the Committee of Experts. For this reason it was not possible for the Committee of Experts to transmit its ninth report in time for it to be examined at the first session of the new Committee on Economic, Social and Cultural Rights.

79. Following the creation by the Economic and Social Council of a committee of experts with the responsiblity of examining the reports on the application of the Covenant, the Committee of Experts re-examined the contribution that should be made by specialised agencies to the application of the Covenant, and in particular the most appropriate way for the ILO to report in accordance with article 18 of the Covenant. It is submitting a separate note on this question to the Governing Body.

European Code of Social Security and Protocol thereto

80. In accordance with the established supervisory procedure, copies of reports regarding the European Code of Social Security and the Protocol thereto, which had been submitted by 13 States having ratified these instruments, were sent to the Office by the Secretary-General of the Council of Europe, including first reports from Italy and Portugal. The Committee has examined all these reports except the first report from Portugal, which was received too late, as well as additional information. This enabled it to observe that the majority of the States Parties to the Code and the Protocol continue to apply them in full or nearly in full. At the sitting of the Committee in which it examined the report on the application of the European Code of Social Security and the Protocol thereto, the Council of Europe was represented by Mr. S.G. Nagel, Head of the Social Security Section of the Economic and Social Affairs Directorate. The conclusions of the Committee regarding these reports will be sent to the Council of Europe. The Committee also noted that two representatives of the ILO participated as technical advisers in the meeting of the Steering Committee for Social Security of the Council of Europe, held at Strasbourg in December 1986. As in previous years, the Steering Committee approved the conclusions of the Committee of Experts, thus expressing its confidence in the ILO's supervisory procedures.

Collaboration with other international organisations

81. The arrangements under which the ILO collaborates with other international organisations on questions concerning the supervision of international instruments on matters of interest to more than one organisation continued to function as in the past. As concerns collaboration with the Council of Europe, the Committee noted that an ILO representative attended, on an advisory basis, the 75th, 76th and 77th Sessions of the Committee of Independent Experts on the Supervision of the Application of the European Social Charter, held in Strasbourg in October and December 1986 and February 1987. Such participation, which is provided for by Article 26 of the Charter, facilitates the co-ordination of supervision of international labour Conventions with the numerous provisions of the Charter concerning matters which also fall within the scope of ILO Conventions.

82. In the context of the collaboration established with other international organisations 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 and other specialised agencies and intergovernmental organisations with which the ILO has entered into special arrangements for this purpose.

83. Thus, in accordance with established practice, copies of the reports received on the Indigenous and Tribal Populations Convention, 1957 (No. 107), and the Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) were forwarded for comment to the United Nations, the United Nations Food and Agriculture Organisation (FAO), and the United Nations Educational, Scientific and Cultural Organisation (UNESCO). In addition, copies of the reports received on Convention No. 107 were forwarded to the Inter-American Indian Institute of the Organisation of American States as part of the collaboration provided by the ILO in implementing that Institute's Five-Year Inter-American Indian Action Plan and to the World Health Organisation (WHO). In addition, a copy of the report on the Nursing Personnel Convention, 1977 (No. 149) was forwarded to the WHO, and copies of the reports on the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) were sent to the WHO, UNESCO and the United Nations. A copy of the report on the Human Resources Development Convention, 1975 (No. 142), was sent to UNESCO, and copies of the reports on the Rural Workers' Organisations Convention, 1975 (No. 141), were sent to the FAO. Furthermore, copies of the reports on the Marine Shipping (Minimum Standards) Convention, 1976 (No. 147) were forwarded to the International Maritime Organisation (IMO). Representatives of these organisations were invited to participate in the sittings of the Committee of Experts at which the above Conventions were discussed.

General questions concerning the application of Conventions

Application of Conventions to offshore industrial installations

84. Since 1981, the Committee has been considering the applicability of international labour Conventions to offshore industrial installations used in the exploration and extraction of mineral and petroleum resources at sea. Within the framework of reports submitted under article 22 of the Constitution, in 1986 the Committee again invited governments to continue submitting information on the extent to which and the manner in which the Conventions they had ratified were applied to work in such installations. It also expressed the hope that more employers' and workers' organisations would communicate their comments on these matters.

85. In 1986, 16 governments provided replies, 2 of which were initial responses. (Endnote 16) This brought the total number of governments which have supplied replies up to the present time to 61, a number of which have replied on several occasions. The Committee has also received 2 comments since 1981 from employers' organisations, (Endnote 17) and 2 from workers' organisations. (Endnote 18)

86. The Committee notes with interest that, in accordance with the 1986-87 ILO Programme and Budget, a preliminary study has been undertaken with a view to determining the main problems which should be examined in this very complex field. The Committee proposes to examine these questions further when the preliminary study has been completed. In this connection, the Committee hopes that, in the meantime, governments and employers' and workers' organisations who have not yet done so will supply their comments and information on the application of Conventions to offshore industrial installations.

Application of Conventions in export processing zones and enterprises

87. The Committee continued its consideration of this question, which it first examined in 1981. It recalls that the special arrangements for export processing activities may take place in geographical zones or in particular enterprises (see paragraph 47 of the Committee's 1983 report). In 1986, the Committee again invited governments to supply information on this subject in their reports under article 22 of the Constitution; it also invited employers' and workers' organisations to send their comments in this connection.

88. In 1986, 16 governments replied to the request for information, two for the first time. Of these, Belize indicated that it has no export processing zones; and South Africa states that "no export processing zones have been set up in the Republic of South Africa": in this connection, the Committee refers to its general observation concerning the application of ratified Conventions by South Africa in the so-called "independent homelands" or "bantustans". No comments concerning export processing zones have been received this year from employers' and workers' organisations.

89. The Committee has now received explicit replies to its request for information on this matter from a total of 60 countries: the majority of these countries have indicated that they have no export processing zones or were not concerned by the request or that labour legislation is applicable throughout the country. In certain other cases, the Committee has noted either that such zones or enterprises exist or that the question is being studied: in these cases, the Committee has, where appropriate, requested further information in order to enable it to determine the extent to which effect is being given to ratified Conventions in the zones or enterprises in question. While the Committee has noted governments' indications in the general part of its report, it has taken up particular problems which have presented themselves within the framework of its regular supervision of the application of ratified Conventions, i.e. in direct requests and observations addressed to the individual countries concerned.

90. The Committee intends to continue its examination of the question in this way. While the Committee is grateful to the numerous governments and to the workers' organisations which have responded to its request for information, it must nevertheless again point out that some other countries which, according to information available to the Office, have established export processing zones or enterprises have not provided any information on the application of ratified Conventions in them. The Committee must once again invite the governments of these countries and also of the countries where there are or may be problems in respect of the application of international labour standards in these zones and enterprises to provide full information on the matter.

Application of the Employment PolicyConvention, 1964 (No. 122)

91. The Committee has examined the application of the Convention in 51 countries this year. In doing so it has followed its usual practice of making observations and direct requests to the individual countries concerned; it has taken the opportunity, where appropriate, of pointing out significant improvements in the achievement of the Convention's aims of full, productive and freely chosen employment, as well as problems which have arisen.

92. In pursuing its task, the Committee has been encouraged by the spirit of co-operation and the positive response to its comments shown by governments. It has noted with satisfaction that the great majority of the members of the Conference Committee on the Application of Conventions and Recommendations have welcomed its analysis of the situation in relation to Convention No. 122. (Endnote 19) In examining the reports on the Convention, the Committee has also borne in mind the views expressed and suggestions made by various members of the Conference Committee from the three groups, and especially the Employers' and Workers' groups. In this connection, the Committee would observe that it is bound to operate within the framework of the established supervisory procedures and the wording of the Convention itself: the Committee has thus found it most useful to refer to the indications given in the report form for the Convention as adopted by the Governing Body. The Governing Body has included in the report form under Article 1 of the Convention specific questions as to the relation between employment objectives and other economic and social objectives, referring explicitly to overall and sectoral development policies and measures in such fields as investment policy, fiscal and monetary policies, trade policy, prices, incomes and wages policies, and regional policies, as well as labour market policies and education and training policies. In order to contribute to a better understanding of the requirements of the Convention and facilitate its application, it was also decided by the Governing Body to append to the report form the texts of the Employment Policy Recommendation, 1964 (No. 122) and the Employment Policy (Supplementary Provisions) Recommendation, 1984 (No. 169). According to the recent Recommendation, the 1964 instruments should be placed in the wider framework of the Declaration of Principles and Programme of Action adopted in 1976 by the World Employment Conference; the report form, too, draws attention to these texts. On the basis of this guidance, the Committee has raised what it regards as appropriate questions, endeavouring to determine the relationship of this wide range of policies and measures to the employment aims of the Convention. In analysing the sometimes very substantial and detailed reports and information supplied by governments regarding matters mentioned in the report form, the Committee has had the support of the appropriate specialised services of the Office.

93. The Committee must stress that, whilst Convention No. 122 is often considered the classic example of a "promotional" Convention, this in no way implies that is is not a legal instrument containing concrete obligations: thus, Article 1 requires that the ratifying State "shall declare and pursue, as a major goal, an active policy designed to promote full, productive and freely chosen employment", and it lists the aims of such a policy and the factors to be taken into account. Article 2 requires decision on and review of measures as may be appropriate; and Article 3 requires that persons affected by the measures to be taken, especially employers' and workers' representatives, should be consulted. In this sense, the Committee finds it useful, in many cases, to insist on the clear formulation of an employment policy, and on the need for governments to keep under review the extent to which they are succeeding in achieving the goals they have set themselves. This position is in line with the considerations already expressed as follows by the Committee in its 1972 General Survey on the reports relating to the 1964 instruments on Employment Policy: "A formal declaration of employment policy is thus a basic obligation under the Convention ... an express commitment to the pursuit of an active employment policy as a major national objective is in practice essential if the goals of the Convention are to be given the necessary prominence in government policy and action. (Endnote 20)

94. One problem referred to on various occasions in the governments' reports and thus in the Committee's own comments, where appropriate, is that of the relationship between the employment aims of the Convention and the specific problem of international debt. The Committee has taken particular note of a communication received from the International Confederation of Free Trade Unions (ICFTU), which states that "the grave problem of external debt of developing countries has led their governments to resort to economic and social policy measures designed to meet international financial interests and obligations. In a number of countries, these obligations have affected the goverments' capacity to adopt policies in accordance with Convention No. 122". The impact on the employment market and the standard of living is described as alarming. More particularly, as regards countries of Latin America and the Caribbean, the Statement "First the People and then the Debt" (agreed by a special ICFTU/ORIT Conference on Debt and Development held in Buenos Aires in September 1986 in which 114 trade union leaders from 29 countries participated) refers to increasing unemployment and underemployment, and calls for a reform of the international financial system and the adoption of new economic and social policies.

95. The Committee has been informed of the establishment by the Governing Body of a Committee on Employment at the 234th Session (November 1986); and of the convening of a Tripartite Preparatory Meeting on Employment and Structural Adjustment in April 1987 to advise on the issues to be addressed by a High Level Meeting in November 1987 with the participation of representatives of governments, employers and workers and the competent international organisations, to examine the present world economic situation in the light of the ILO's social objectives, and in particular the consequences of international trade, financial and monetary practices on employment and poverty. Further to its comments last year referring to views expressed at the Asian and American Regional Conferences of the ILO, the Committee notes with interest that the African Advisory Committee meeting in Yaoundé in January-February 1987 also drew attention, in connection with the application of international labour standards, to the economic crisis involving high unemployment, illiteracy and poverty, and to the fact that governments sometimes resort to measures such as retrenchment: the Worker members referred to "the role played by international financial institutions in laying down constraints as part of structural adjustment programmes, the consequences of which frustrated the efforts of countries to adhere to international labour standards". (Endnote 21)

96. The Committee, for its part, has considered it quite proper in appropriate cases to request the information included in the report form adopted by the Governing Body, on the relationship between overall economic policies and the aims of the Convention. The Committee feels that this approach gives due weight to recent decisions of the International Labour Conference (Recommendation No. 169, as well as the Resolution concerning Employment Policy adopted in 1984 and the Resolution concerning Development, Foreign Debt and the Social Objectives of the International Labour Organisation adopted in 1986) and regional meetings, while respecting the obligations contained in Convention No. 122. As a means of contributing to closer collaboration with the international financial institutions, the Committee would like to reiterate the suggestion made in its 1985 Report that the Office should communicate copies of the Committee's comments on the implementation of Convention No. 122 to the economic and financial organisations concerned.

97. In making its comments on the governments' reports which it has examined this year, the Committee has noted that, whilst the problem of unemployment remains grave in most parts of the world, many initiatives have been taken to pursue the aims of the Convention, and that a number of governments have been able to present evidence of positive results. The Committee would cite only a few cases by way of illustration:

(a) Some countries have indicated a level of employment which may be regarded as full employment (e.g. Cyprus, Norway); in other cases of IMEC countries, the unemployment level, while not satisfactory, has remained relatively low (e.g. Austria, Finland, New Zealand) or has fallen somewhat (e.g. Belgium, Denmark, Netherlands). These countries have all provided evidence of pursuing an active employment policy and taken appropriate measures to promote the aims of the Convention. The Committee has, in addition, noted with interest the ratification of the Convention by Japan in June 1986.

(b) Several countries with planned economies facing problems of declining growth rate of their labour force and of a relative decline of employment in manufacturing and other production have extended their efforts to ensure more efficient employment services (e.g. Hungary, USSR) or to improve productivity or ensure better co-ordination between training and employment opportunities by giving greater autonomy to individual enterprises (e.g. Poland); or moving to create closer links between training institutions and industrial combines (e.g. German Democratic Republic); greater use has been made of the organisation of labour into Brigades (e.g. USSR).

(c) As regards the quality and quantity of information provided by governments, the Committee has been struck by the important efforts made by several developing countries to provide full information according to the report form and replying to the Committee's own comments (e.g. Algeria, Cameroon, Cuba, Papua New Guinea, Philippines, Suriname, Tunisia, Uruguay). Yet in certain other cases of developing countries and countries with planned economies, the Committee has had to request the statistical and other information necessary to enable it to assess the extent to which the Convention is applied.

98. The Committee in its comments concerning individual countries, has in certain cases tried to encourage governments to make contact with the ILO's regional employment teams in order to see what steps can be taken both to improve the degree of application of the Convention and to provide information for the ILO. The Committee hopes that governments will use the competent services of the Office whenever possible for these purposes.

99. Problems of youth employment

(a) It is clear to the Committee, in its examination of reports, that young people are increasingly among the groups most severely affected by high levels of unemployment and underemployment: entry into jobs of a type which enables young people to gain a foothold in the world of work is made difficult. This has resulted in the growth of intermittent, casual and generally low-paying forms of employment. Even more worrying is the incidence of long-term youth unemployment, which has been rising. A number of governments have drawn attention to the disproportionate burden of unemployment that falls upon their youth population, generally defined as those aged 15-24. Whilst the general picture is of a serious, and often even worsening, situation, several governments, particularly among the IMEC countries (e.g. Belgium, Finland, France, Norway) have now been able to point to a slight fall in youth unemployment.

(b) The Committee has noted the importance that the ILO has attached to youth unemployment over the past few years. The Employment Policy (Supplementary Provisions) Recommendation, 1984 (No. 169) includes a full section on the Employment of Youth and Disadvantaged Groups and Persons and outlines special measures which should be taken for young people. The Committee notes with interest the convening of a Tripartite Advisory Meeting on the Integration of Youth into Working Life (Geneva, 30 September-4 October 1985) leading to the adoption of conclusions: the adoption of a Resolution concerning youth employment by the Tenth Asian Conference (Jakarta, 4-13 December 1985); and the placing of an item on Youth on the Agenda of the International Labour Conference at its 72nd Session (1986) resulting in the adoption of a resolution concerning young people together with conclusions. The Committee wishes to draw attention to the contents of these Resolutions and Conclusions and hopes governments will give full consideration to the necessary follow-up as a means of improving the application of the Convention in respect of the young.

(c) The Committee notes with particular interest the accounts of initiatives that certain governments have taken on behalf of unemployed youth. These range from the creation of special agencies and committees (e.g. Suriname, Uruguay) to self-employment, training and community work programmes and incentives offered to employers for hiring youth (e.g. Belgium, Cyprus, France, Netherlands, United Kingdom). The Committee acknowledges that government action targeted on youth has a major role to play and would encourage governments to describe their experiences with such measures in future reports and any difficulties encountered in their implementation. It is particularly interested in programmes aimed at ensuring that young people obtain training and qualifications which will lead to regular long-term employment.

(d) At the same time, the Committee has noted the position taken by governments and the social partners in the previously cited conclusions adopted by the International Labour Conference and the Tripartite Advisory Meeting, to the effect that schemes for young people cannot be viewed as a substitute for an effective overall economic and employment policy.

100. The Committee's firm opinion of the need to ensure the application of Article 3 of the Convention as regards consultation of representatives of persons affected by measures to be taken, and in particular representatives of employers and workers, has been strengthened by its examination of reports again this year. Nowhere is the tripartite approach to problems more pertinent than in the complex field of employment, where those in government cannot hope to know what policies are appropriate or can be implemented without being in constant contact and collaboration with the employers and workers with actual experience. Their views are worth listening to: it would indeed be unrealistic to suppose that employment policies and measures could ever be applied successfully without securing the full co-operation of employers and workers in formulating and supporting them. The Committee believes that the results in some individual countries - referred to above - fully bear out the wisdom of including these provisions in the Convention.

IV. PROCEDURE OF DIRECT CONTACTS AND OTHER FORMS OF ASSISTANCE TO GOVERNMENTS

101. In 1986, direct contacts missions concerning freedom of association took place in the following countries: Argentina, Burkina Faso, Colombia, El Salvador, Honduras and Tunisia.

102. The Regional Advisers on international labour standards, whose tasks consist essentially of assisting governments to fulfil their obligations under the ILO Constitution and ratified Conventions, visited the following countries: Africa: Botswana, Burkina Faso, Central African Republic, Djibouti, Kenya, Lesotho, Liberia, Malawi, Nigeria, Somalia, Swaziland, Zaire, Zambia and Zimbabwe; America: Colombia, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Peru; Asia and the Pacific: Burma, India, Lao People's Democratic Republic.

103. The Committee has also been informed that during 1986, 22 officials of the following 18 countries undertook training (normally of two weeks' duration) in the International Labour Standards Department: Benin, Burkina Faso, Colombia, Congo, Egypt, Equatorial Guinea, Guinea Bissau, Iraq, Lao People's Democratic Republic, Libyan Arab Jamahiriya, Mauritania, Nepal, Nicaragua, Pakistan, Sierra Leone, Sudan, Zaire and Zimbabwe.

104. The Committee welcomed the continuation of the programme of seminars designed to familiarise the officials of national labour administrations and workers' and employers' representatives with the obligations of member States and with ILO procedures relating to Conventions and Recommendations. Several such meetings have taken place since the last session of the Committee.

105. In 1986, a regional seminar on international labour standards for officials directly responsible for questions related to their countries' obligations under the ILO Constitution and ratified Conventions was held for 22 French-speaking African countries and Haiti in Ouagadougou (Burkina Faso). Two subregional seminars took place in Asia: the first in Dhaka (Bangladesh) for the countries of South Asia (Bangladesh, Burma, India, Nepal, Sri Lanka) and the second in Kuala Lumpur (Malaysia) for the member States of the Association of South-East Asian Nations (Indonesia, Malaysia, Philippines, Singapore, Thailand). Representatives of employers' and workers' organisations also participated in the above seminars.

106. In addition, tripartite national seminars on international labour standards were held in the following countries: Burma, Brazil, Cuba, El Salvador, Indonesia, Mexico, Peru and Yugoslavia. Seminars were also organised for employers in India and Thailand and for workers in India.

107. The Regional Advisers on standards participated in the work of a number of seminars organised by other ILO departments in various regions of the world. The Regional Adviser for French-speaking Africa gave a series of lectures for labour inspectors being trained in the African Regional Centre for Labour Administration (CRADAT) in Yaoundé (Cameroon).

V. ROLE OF EMPLOYERS' AND WORKERS' ORGANISATIONS

108. At each session, the Committee draws the attention of governments to the role that employers' and workers' organisations are called upon to play in the application of Conventions and Recommendations and to the fact that numerous Conventions require the consultation of employers' and workers' organisations, or their collaboration on a variety of matters.

109. The Committee has noted with satisfaction again this year that almost all governments have indicated in the reports supplied under article 22 of the Constitution the representative organisations of employers and workers to which, in accordance with article 23, paragraph 2, of the Constitution they have communicated copies of the reports supplied to the ILO. (Endnote 22) Almost all governments have also indicated the organisations to which they have communicated copies of the information supplied to the ILO on the submission to the competent authorities of instruments adopted by the Conference (Endnote 23) and the reports due under article 19 of the Constitution. (Endnote 24)

110. In accordance with the established practice, the ILO sent to the representative organisations of employers and workers a letter concerning the various opportunities open to them of contributing to the implementation of Conventions and Recommendations, accompanied by relevant documentary material, and a list of the reports due from their respective governments and copies of the Committee's comments to which governments were invited to reply in their reports.

Observations by employers' and workers' organisations

111. Since its last session, the Committee has received 155 observations, 34 of which were communicated by employers' organisations and 121 by workers' organisations. This total figure, which is the highest ever received, shows the ever-growing interest of employers' and workers' organisations in the implementation of ILO standards and reflects the constant efforts made by the supervisory bodies and the Office to give interested organisations complete information on their role in this area.

112. The majority of the observations received (146) relate to the application of ratified Conventions. (Endnote 25) Nine observations relate to the reports provided by governments under article 19 of the Constitution relative to the Guarding of Machinery Convention (No. 119) and Recommendation (No. 118), 1963 and to the Working Environment (Air Pollution, Noise and Vibration) Convention (No. 148) and Recommendation (No. 156), 1977. (Endnote 26)

113. The Committee also examined a number of other observations by employers' and workers' organisations whose examination had been postponed from the last session because the observations of the organisations or the replies of the governments had arrived just before or just after the session.

114. The Committee notes that, of the observations received this year, 85 were transmitted directly to the ILO, which, in accordance with established practice, referred them to the governments concerned for comment. In 70 cases the governments transmitted the observations with their reports, sometimes adding their own comments. Part Two of this Report contains the Committee's comments on cases where the observation raised an issue concerning the application of ratified Conventions.

115. The Committee 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 meeting, so as to allow sufficient time for the governments concerned to make comments and for the Committee to consider the matters involved.

116. The Committee notes that in most cases the occupational organisations had endeavoured to gather and present precise facts on the application in practice of ratified Conventions. It notes that the matters dealt with in its observations have touched on a very wide array of Conventions relating to the following subjects: the right to organise and the right to collective bargaining, employment policy, forced labour, tripartite consultation on international labour standards, protection of wages, discrimination, labour administration, labour inspection, weekly rest, indigenous and tribal populations, and so forth.

117. The Committee notes with interest that the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) has now received 39 ratifications. The Committee hopes that in accordance with the favourable ratification prospects noted in the General Survey on the Convention in 1982, (Endnote 27) many more countries will be able to ratify it.

VI. REPORTS ON RATIFIED CONVENTIONS

Supply of reports

118. 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.

119. In accordance with the procedure for reporting that has been in force since 1977, detailed reports from all ratifying States, covering the period ending 30 June 1986, were due to be examined this year in respect of 37 Conventions. (Endnote 28) In addition, detailed reports were also requested from certain governments on other Conventions, in accordance with the criteria for more frequent reporting approved by the Governing Body and set out in paragraph 38 of the Committee's 1977 report.

Reports requested and received

120. A total of 1,752 detailed reports were requested from governments on the application of Conventions ratified by States Members (article 22 of the Constitution). At the end of the present session of the Committee, 1,388 of these reports had been received by the Office. This figure corresponds to 79.2 per cent of the reports requested, compared with 78.7 per cent last year. The Committee regrets that, as indicated in paragraph 132 below, a number of reports received are incomplete and do not enable it to reach conclusions regarding the application of the Conventions concerned. A table showing reports received and reports overdue, classified by country and by Convention, is to be found in Part 2 (section I, Appendix I). Another table (section I, Appendix II) shows, for each year in which the Committee has met since 1933, the number and percentage of reports which were 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.

121. In addition, 354 reports were requested on Conventions which have been declared applicable with or without modification to non-metropolitan territories (articles 22 and 35 of the Constitution). Of these, 232 reports, or 65.5 per cent, had been received by the end of the Committee's session. A list of the reports received and those which are overdue, classified by territory and Convention, may be found in the Appendix to section II of Part 2 of this report.

122. Apart from the above-mentioned reports, 33 governments also supplied general reports on the Conventions for which detailed reports were not due for the period under review: Australia, Bahamas, Bahrain, Belgium, Burkina Faso, Burma, Burundi, Canada, Chile, Colombia, Cyprus, Ecuador, Equatorial Guinea, Gabon, German Democratic Republic, Ireland, Kenya, Mozambique, Nepal, New Zealand, Norway, Poland, Rwanda, Saudi Arabia, South Africa, Sri Lanka, Suriname, Sweden, Switzerland, Turkey, United Arab Emirates, United Kingdom, United States; Australia (Norfolk Island), United Kingdom (Falkland Islands (Malvinas), Gibraltar, Hong Kong).

123. In those cases in which the reports were not accompanied by copies of the relevant legislation, statistical data or other documentation necessary for their full examination, and this material was not otherwise accessible, the Office, as requested by the Committee, wrote to the governments concerned asking them to supply the necessary texts in order to enable the Committee to fulfil its task.

Compliance with reporting obligations

124. Most of the governments from which reports were due on the application of ratified Conventions have supplied all or most of the reports requested, as can be seen from Appendix I to Part 2, section I. However, 31 governments have not complied with their obligation to supply reports on ratified Conventions. Thus, all or the majority of the reports due this year have not been received from the following countries: Afghanistan, Angola, Antigua and Barbuda, Barbados, Cape Verde, Chad, Dominica, Dominican Republic, Fiji, Grenada, Haiti, Islamic Republic of Iran, Italy, Jamaica, Lebanon, Libyan Arab Jamahiriya, Mauritania, Mongolia, Saint Lucia, Sao Tome and Principe, Solomon Islands, Sierra Leone, Singapore, United Republic of Tanzania, Thailand, Yugoslavia. No reports have been received for the last two years from the following countries: Guinea-Bissau, Liberia, Pakistan, Qatar, Trinidad and Tobago.

125. The Committee urges the governments of these countries, and also of those which have sent only some of the reports due, to make every effort to supply the reports requested on ratified Conventions. Where no reports have been sent for a number of years, it seems likely that some particular problem of an administrative or technical nature is preventing the government concerned from fulfilling its constitutional obligations, and it may be that in cases of this kind assistance from the Office, in particular the help of the Regional Advisers on standards, could enable the government to overcome its difficulties.

Late reports

126. The Committee again feels it necessary to stress the importance of communicating reports in due time. Reports are requested on ratified Conventions by 15 October each year. Due consideration is given when fixing this date to the time required to translate the reports, where necessary, to conduct research into legislation and other necessary documents, to examine reports and legislation, etc. The supervisory procedure can function correctly only if reports are communicated in due time. This is particularly true in the case of first reports or reports on Conventions where there are serious or continuing discrepancies, which the Committee has to examine in greater depth.

127. The Committee observes that on 15 October 1986 the proportion of reports received was 11.8 per cent. The great majority of the reports are thus received between the date limit fixed and the date on which the Committee meets. The situation is all the more disturbing as it is often the 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 that have been held over from 1986.

128. The Committee can only express its great concern over this state of affairs, especially in the light of the relief that the present frequency of reporting and the various measures of assistance provided by the Office have introduced. The Committee trusts that governments will in future endeavour to observe the time-limits laid down for the sending of their reports more closely so that it may carry out its supervisory function adequately.

Supply of first reports

129. A total of 50 first reports on the application of ratified Conventions were received by the time the Committee's session opened. However, a number of countries have failed to supply first reports, some of which are more than a year overdue. Thus, certain first reports on ratified Conventions have not been received from the following States since 1984: Dominica (Conventions Nos. 100, 111, 138); Saint Lucia (Conventions Nos. 100, 111); United Republic of Tanzania (Conventions Nos. 134, 137, 140, 142, 144, 149, 152). Particular importance attaches to the first reports, on the basis of which the Committee makes its initial assessment of the observance of ratified Conventions. The Committee therefore requests the governments concerned to make a special effort to supply these reports.

Replies to comments of the supervisory bodies

130. 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 has written to all the governments who failed to provide such replies, requesting them to supply the necessary information. Of the 19 governments contacted in this way, only 4 have sent the information requested.

131. The Committee notes with concern that there are still a large number of cases in which there has been no reply to its comments. These cases can be grouped as follows:

(a) those where no report or reply has been received on any of the reports requested from the governments;

(b) those where the reports received contain no reply to most of the Committee's comments (observations and/or direct requests) and/or have failed to reply to letters sent by the ILO.

132. This represents a total of 185 cases, (Endnote 29) by comparison with 127 last year and 154 the previous year. The Committee is therefore obliged to repeat the observations or direct requests already made on the Conventions in question.

133. The failure of the governments concerned to carry out their obligations hinders the work of the Committee of Experts and that of the Conference Committee, and the Committee cannot over-emphasise the special importance of ensuring the dispatch of the reports and replies to its comments.

134. With regard to the discussion that takes place every year in the Conference Committee concerning the individual cases for which the Committee of Experts has made observations, the Committee of Experts notes that the Conference Committee has felt obliged to express its regret that in spite of the repeated invitations it has made, a number of governments have not participated in the discussions concerning their country. Having already expressed its concern at the failure of a number of governments to send reports and replies to its comments, the Committee of Experts can only join with the Conference Committee in expressing regret that certain governments do not participate in the dialogue which is initiated and continued each year in the Conference Committee as an integral part of the regular system of supervision of the implementation of international labour standards.

Examination of reports

135. In examining the reports received on ratified Conventions and on Conventions that have been declared applicable to non-metropolitan territories, the Committee has followed its usual practice of assigning to each of its members the initial responsibility for a group of Conventions. Each member has submitted to the whole Committee in plenary session his or her preliminary findings on the instruments concerned for discussion and approval.

Observations and direct requests

136. 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 of either "observations", which are reproduced in the report of the Committee, or "direct requests", which are communicated to the governments concerned.

137. As previously, the Committee has indicated by footnotes the cases in which, because of the nature of the problems met in the application of the Convention concerned, it has seemed appropriate to ask the government to supply a detailed report earlier than would otherwise have been the case. Under the system of spacing out reports over a four-year period, which applies to most Conventions, such earlier 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 1987.

138. The observations of the Committee appear in Part 2 (sections I and II) of the present report, together with a list, under each Convention, of any direct requests. An index of all observations and direct requests - classified by country - will be found at the beginning of this report.

Cases of progress

139. In accordance with its usual practice, the Committee has drawn up a list of the cases in which it has been able to express its satisfaction at certain measures taken by governments to make necessary changes in their law or practice following earlier comments by the Committee on the degree of conformity between national law or practice and the provisions of a ratified Convention. Details concerning the countries in question are to be found in Part Two of this report, and cover 40 instances in which measures of this kind have been taken, in 28 States and one non-metropolitan territory. The full list is as follows:

States Conventions Nos.

Australia 111

Non-metropolitan territory Convention No.

France

140. Thus, the total number of cases in which the Committee has been led to express its satisfaction with the progress achieved following comments made by it has risen to 1,670 since the Committee began listing them in its reports in 1964. In addition, there have been numerous cases in which the Committee has taken note with interest of different measures that have also been taken following its comments with a view to ensuring a fuller application of ratified Conventions. These measures 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.

141. These cases do not, however, as the Committee regularly points out, exhaust the instances in which Conventions and Recommendations have a measurable influence on the law and practice of member States. For example, the Committee again has noted a number of cases this year in which it is clear from the first report on the application of a Convention that new legislative or other measures were adopted shortly before or after ratification.

Practical application

142. As in previous years, the Committee has been concerned with assessing, on the basis of the information available, the extent to which the national legislation giving effect to ratified Conventions is applied in practice. A number of questions designed to elicit information on this point are included in the report forms approved by the Governing Body for the Conventions, and the replies of governments to these questions constitute an appreciable though uneven source of information on practical application available to the Committee. The Committee has also taken into account other authoritative sources of information. These consist of the annual reports of labour inspection services, statistical year books published in the States or by the ILO, observations of employers' and workers' organisations, compilations of judicial or administrative decisions, reports on direct contacts, reports of technical co-operation projects and missions, and other official publications such as manuals, studies and economic and social development plans.

143. The Committee once again welcomed the positive response to the appeal it made in 1985 and noted with particular interest that about 53 per cent of the reports on Conventions examined, for which special requests had been made for information on the effect given to them in practice, contained such information. This percentage, which is the highest ever reached, reflects real progress over past years.

144. The following countries have provided information on practical application in more than half the reports concerned: Australia, Austria, Bangladesh, Belgium, Bolivia, Burkina Faso, Byelorussian SSR, Cameroon, Canada, Chile, China, Costa Rica, Côte d'Ivoire, Cuba, Cyprus, Czechoslovakia, Denmark, Dominica, Ethiopia, Finland, France, German Democratic Republic, Federal Republic of Germany, Greece, Grenada, Guyana, Iceland, Indonesia, Ireland, Israel, Italy, Japan, Kuwait, Luxembourg, Madagascar, Malawi, Mali, Malta, Mauritania, Mauritius, Morocco, Mozambique, Netherlands, New Zealand, Nicaragua, Norway, Pakistan, Panama, Papua New Guinea, Poland, Portugal, Qatar, Senegal, Seychelles, South Africa, Swaziland, Sweden, Switzerland, Thailand, Tunisia, Turkey, Ukrainian SSR, United Kingdom, Uruguay, Venezuela, Yemen, Zambia.

145. The Committee wishes particularly to thank governments that have given information on practical application in their reports. This information has greatly helped the Committee in assessing more accurately the extent to which ratified Conventions are actually applied in these countries. It hopes that in future even more governments will include in their reports the information asked for in this connection.

146. Direct requests have been addressed to certain countries which have not replied to the questions in the report forms on practical application. The Committee will follow this up in coming years and will include in its report information that should be useful to governments in this connection.

147. The Committee also takes note with interest of 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. Forty-two contain information of this kind and throw additional light on the problems raised in these cases by the practical application of the Conventions in question.

148. The Committee recalls that, under the provisions of many international labour Conventions, measures must be taken to ensure their observance by means of administrative, civil or penal sanctions. In the case of various other Conventions, similar measures may prove necessary in order to make their provisions effective and thus to meet the obligations assumed upon ratification under article 19 of the ILO Constitution. The Committee has noted that the legislative provisions governing these matters are often inadequate because the sanctions laid down do not have a sufficiently dissuasive effect. The Committee therefore draws attention to the importance of establishing effective sanctions and of adapting monetary penalties, particularly in countries with high rates of inflation, in order to ensure that they exert an effective preventive influence against acts contrary to the guarantees laid down by international labour Conventions. The Committee would be glad if governments would indicate in their reports the measures taken to examine the need to adapt monetary penalties from time to time in the light of inflation.

VII. SUBMISSION OF CONVENTIONS AND

Recommendations

149. In accordance with its terms of reference, the Committee this year examined the following information (Endnote 30) supplied by the Governments of member States, pursuant to article 19 of the Constitution of the International Labour Organisation:

(a) information on the steps taken to submit to the competent authorities within the time limit of 12 or 18 months, as provided in the Constitution, the following instruments, adopted at the 71st (1985) Session of the Conference: the Labour Statistics Convention (No. 160) and Recommendation (No. 170), 1985; and the Occupational Health Services Convention (No. 161) and Recommendation (No. 171), 1985;

(b) additional information on the steps taken to submit the instruments adopted by the Conference from its 31st (1948) to its 70th (1984) Sessions to the competent authorities (Conventions Nos. 87 to 159 and Recommendations Nos. 83 to 169);

(c) replies to observations and direct requests made by the Committee in 1986.

71st Session

150. The Committee notes with interest that the Governments of the following 50 member States have indicated that they have submitted to the authorities considered by them to be competent the instruments adopted by the Conference at its 71st Session: Algeria, Argentina, Australia, Bahamas, Bahrain, Barbados, Botswana, Bulgaria, Burma, Burundi, Byelorussian SSR, China, Comoros, Cuba, Dominica, Egypt, Finland, France, German Democratic Republic, Greece, Hungary, Iceland, Iraq, Ireland, Israel, Japan, Jordan, Kuwait, Liberia, Mali, Malta, Mexico, Morocco, Mozambique, New Zealand, Nicaragua, Niger, Nigeria, Norway, Peru, Poland, Portugal, Romania, Saudi Arabia, Sudan, Sweden, Switzerland, Turkey, Ukrainian SSR, United Kingdom.

31st to 70th Sessions

151. The Committee notes with interest that considerable efforts have been made by several countries in submitting instruments adopted by the Conference since its 31st Session to the competent authorities, particularly in the following cases: Afghanistan (numerous instruments adopted from the 52nd to the 69th Sessions), Bolivia (63rd to 69th Sessions), Botswana (64th to 71st Sessions), Chad (55th to 70th Sessions), Ireland (66th to 71st Sessions), Yemen (65th to 69th Sessions).

152. The table in Appendix I to section III of Part Two of the report of the Committee shows the position of each State Member, as it emerges from the information supplied by the governments, with regard to the discharge of the obligation to submit the Conventions and Recommendations adopted by the Conference to the competent authorities. Appendix II shows the overall position in this respect for the instruments adopted from the 31st to the 71st Sessions of the Conference.

General aspects

153. The Committee notes with concern, however, that a number of countries are late - sometimes very late - in submitting the instruments adopted by the Conference. In other cases, submission does not appear to have been accompanied by proposals on the action to be taken concerning the instruments being considered.

154. The Committee wishes to stress that submission to the competent authorities of the instruments adopted by the Conference is a fundamental obligation which constitutes the indispensable first step in implementing international labour standards. In order that national authorities may be kept up to date on the standards adopted at the international level which may require action in each State so as to give effect to them at the national level, submission should be made as early as possible and in any case within the time limits set by article 19 of the ILO Constitution. Governments however remain entirely free to propose any action which they may judge appropriate in respect of Conventions and Recommendations. The principal aim of submission is to encourage a rapid and responsible decision by each country on the Conventions and Recommendations adopted by the Conference.

Comments of the Committee and replies from governments

155. In section III of Part Two of this report, the Committee makes individual observations on the points that it considers should be brought to the special attention of governments. Requests with a view to obtaining supplementary information on other points have also been addressed directly to a number of countries, which are listed at he end of that section.

156. The Committee regrets to note that a number of governments have again failed to provide replies to its comments, even after reminders have been sent by the Office in accordance with the request made to it by the Committee. The Committee again expresses the hope that governments will endeavour in future to supply all the required information and documents.

157. The Committee wishes once more to point out the importance of the communication by governments of the information and documents called for in points II and III of the questionnaire in the Memorandum adopted by the Governing Body. Some countries do not communicate the information and documents in question. The Committee trusts that the governments concerned will take suitable measures to comply with the Memorandum on submission to the competent authorities.

Special problems

158. The situation in several countries is still a matter of concern to the Committee. It thus notes with regret that, in the following cases in particular, no information has been supplied showing that the Conventions and Recommendations adopted by the Conference during at least the last seven sessions under consideration (65th to 71st) have in fact been submitted to the competent authorities: Islamic Republic of Iran, Mauritius, Seychelles, Sierra Leone, Suriname, Tunisia.

Submission of certain instruments to the competent authorities of the European Communities

159. The Committee was informed at its 51st Session that the countries of the European Communities had submitted to the competent authorities of the Communities the Hours of Work and Rest Periods (Road Transport) Convention (No. 153) and Recommendation (No. 161), 1979, since this field is governed by regulations of the Communities. Since then, consultations have commenced with the social partners in the countries concerned, at the suggestion of the Commission of the European Communities, on the advisability of ratifying and accepting these instruments. At its previous sessions the Committee was informed of the results of certain of these consultations and of the fact that in some cases these results have already been brought to the attention of the Commission of the European Communities. In a number of other cases such consultation has not yet taken place. The most recent information in this respect is as to the adoption by the Council of a new Regulation on the harmonisation of certain social legislation relating to road transport. The question of the ratification of the Convention is therefore undergoing re-examination in view of the fact that the new Regulation differs considerably from the proposals of the Commission of the European Communities, particularly with regard to breaks and daily rest periods. The Committee hopes that the governments concerned will provide information on the implementation of this procedure and any decisions which may have been made on this subject.

VIII. INSTRUMENTS CHOSEN FOR REPORTS UNDER ARTICLE 19 OF THE CONSTITUTION

160. In accordance with the decision taken by the Governing Body, governments were requested to supply reports under article 19, paragraphs 5 and 7, of the ILO Constitution on the Guarding of Machinery Convention (No. 119) and Recommendation (No. 118), 1963, and the Working Environment (Air Pollution, Noise and Vibration) Convention (No. 148) and Recommendation (No. 156), 1977.

161. Of a total of 544 reports requested, only 356 have been received. (Endnote 31) This represents 65.4 per cent of the reports requested.

162. The Committee notes with regret that the Governments of Fiji, Saint Lucia, Syrian Arab Republic, Trinidad and Tobago and Yemen, have not, for the past five years, supplied any of the reports on unratified Conventions and on Recommendations requested under article 19 of the ILO Constitution.

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

General Survey

164. Part 3 of this report (issued separately as Report III (Part 4B)) contains the General Survey of the Committee on the matters dealt with by the instruments in question. 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 two members of the Committee, appointed by it.

165. The Committee would like to express its appreciation of the invaluable assistance again rendered to it by the officials of the ILO, whose competence and devotion to duty make it possible for the Committee to accomplish its increasingly complex tasks in a limited period of time.

Geneva, 25 March 1987. (Signed) William Douglas,

E. Razafindralambo,

Endnotes

Endnote 2

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Endnote 7

Endnote 8

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Endnote 11

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Endnote 14

Endnote 15

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Endnote 18

Endnote 19

Endnote 20

Endnote 21

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Endnote 24

Endnote 26

Endnote 27

Endnote 28

Endnote 29

Endnote 30

Endnote 31