General Report of the Committee of Experts on the Application of Conventions and Recommendations, 2005


Description:(CEACR General Report)
Session of the Conference:93
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Document No. (ilolex): 042005

l. Introduction

1. The Committee of Experts on the Application of Conventions and Recommendations, appointed by the Governing Body of the International Labour Office to examine the information and reports submitted under articles 19, 22 and 35 of the Constitution by States Members of the International Labour Organization on the action taken with regard to Conventions and Recommendations, held its 75th Session in Geneva from 25 November to 10 December 2004. The Committee has the honour to present its report to the Governing Body.

2. The composition of the Committee is as follows: Mr. Anwar Ahmad Rashed AL-FUZAIE (Kuwait), Ms. Janice R. BELLACE (United States), Mr. Prafullachandra Natvarlal BHAGWATI (India), Mr. Michael Halton CHEADLE (South Africa), Ms. Laura COX, QC (United Kingdom), Ms. Blanca Ruth ESPONDA ESPINOSA (Mexico), Ms. Robyn A. LAYTON, QC (Australia), Mr. Pierre LYON-CAEN (France), Mr. Sergey Petrovitch MAVRIN (Russian Federation), Mr. Cassio MESQUITA BARROS (Brazil), Ms. Angelika NUSSBERGER (Germany), Mr. Benjamin Obi NWABUEZE (Nigeria), Mr. Miguel RODRIGUEZ PIÑERO Y BRAVO FERRER (Spain), Mr. Amadou SÔ (Senegal), Mr. Budislav VUKAS (Croatia), Mr. Yozo YOKOTA (Japan). For the full CVs of the Committee's members, please see Appendix I of the General Report.

3. The Committee attended the official ceremony, which was held on 25 November 2004, to pay tribute to the memory of Nicolas Valticos, former Assistant Director-General of the ILO and former Chief of the International Labour Standards Department. On this occasion, the Office published a collection of essays entitled Les normes internationales du travail: un patrimoine pour l'avenir Mélanges en l'honneur de Nicolas Valticos, while an ILO meeting room was given his name. (Endnote 1) The Committee fully associates itself with the solemn homage rendered to one of the most eloquent advocates and lifetime servants of the standards-related work of the Organization.

4. The Committee would like to express its gratitude to Mr. Edilbert Razafindralambo, whose term came to its end last year. Mr. Razafindralambo was a member of the Committee and served as its reporter for nearly 40 years, during which he was greatly appreciated for his wisdom, integrity and the rigour of his contribution. The Committee was also pleased to receive kind words of encouragement from Mr. Rafael Alburquerque who had submitted his resignation upon his election as Vice-President of the Dominican Republic before the present session. The Committee would like to express its great appreciation for the remarkable way in which he has carried out his duties, and wishes him well in his new responsibilities.

5. During this session, Mr. Bhagwati and Mr. Nwabueze notified the Committee that they would not seek to renew their mandate, and that this would be the last session in which they would participate. The Committee set aside some time to express its deep appreciation of these longstanding colleagues who had each contributed greatly to the Committee's work. On this occasion, the Director-General of the ILO, Mr. Juan Somavia, expressed his personal thanks to Mr. Bhagwati and to Mr. Nwabueze and underlined the special relevance of the Committee's work in today's changing world.

6. During this session, the Committee had the pleasure of welcoming two new members, Ms. Nussberger and Mr. Cheadle. It also welcomed the new Director of the International Labour Standards Department, Ms. Cleopatra Doumbia-Henry. It expressed its deep appreciation of the work carried out by the departing Director of the Department, Mr. Jean-Claude Javillier, and noted that two members of the secretariat, Ms. Jacqueline Ancel-Lenners, Chief of the Social Protection and Labour Conditions Branch, and Mr. Bernard Gernigon, Chief of the Freedom of Association Branch, were due to retire. The Committee wished to express its sincere gratitude for their longstanding and valuable assistance to the Committee.

7. Ms. Layton, QC, continued her mandate as Chairperson, and the Committee elected Mr. Al-Fuzaie as the Reporter.

Subcommittee on working methods

8. The Committee has in recent years undertaken a thorough examination of its working methods. In 2001, in order to guide its reflections on this matter in an efficient manner, the Committee decided to create a subcommittee. This subcommittee has as a mandate to examine not only the working methods of the Committee as strictly defined but also any related subjects, and to make appropriate recommendations to the Committee. (Endnote 2)

9. In 2002, the Committee of Experts considered and adopted the first recommendations of its subcommittee, prepared after a wide-ranging review of the Committee's work, to which all members of the Committee had had an opportunity to contribute during the year. In 2003 the Committee agreed on changes to the presentation and structure of the contents of their published report and to some of the language used with a view to providing a more concise and accessible report, whilst preserving its integrity and value. This year the Committee has also had regard to the discussion in the Conference Committee on aspects of the presentation of the report. Changes are now in the process of being implemented.

10. This year, the subcommittee examined ways of improving the impact of the annual report and of the work of the Committee. A wide-ranging discussion took place on various measures which could assist in strengthening the supervisory work of the Committee and in highlighting cases of progress. The Committee noted that any measures would need to progress incrementally. The Committee agreed that further consideration should now be given to some of these measures by a working group of its members charged with the task of advising the Committee on practical implementation at its next session. Other measures discussed will remain on the agenda for further consideration by the subcommittee when it meets again next year, together with further improvements to the Committee's working methods to enable it effectively to manage its increasing workload.

Relations with the Conference Committee on the Application of Standards

11. A spirit of mutual respect, cooperation and responsibility has consistently prevailed in the Committee's relations with the International Labour Conference and its Committee on the Application of Standards. The Committee of Experts takes the proceedings of the Conference Committee into full consideration, not only in respect of general matters concerning standard-setting activities and supervisory procedures, but also in respect of specific matters concerning the way in which States fulfil their standards-related obligations. The Committee expressed its regret that the Chairperson of its 74th Session was unable to attend the general discussion of the Committee on the Application of Standards of the 92nd Session of the International Labour Conference (June 2004) as an observer. It noted the request by the abovementioned Committee for the Director-General to renew this invitation for the 93rd Session of the International Labour Conference (June 2005). The Committee has accepted the invitation.

12. The Chairperson of the Committee of Experts invited the Employer and Worker Vice-Chairpersons of the Committee on the Application of Standards of the 92nd Session of the International Labour Conference to pay a joint visit to this Committee at its present session. Both accepted this invitation and discussed with the Committee, in a special sitting, matters of mutual interest.

II. Respect for obligations

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

A. Supply of reports

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

14. In accordance with the changes in the reporting system adopted by the Governing Body in November 2001 and March 2002, (Endnote 3) particularly with a view to facilitating the collection of information on related subjects at the national level, requests for reports on Conventions covering the same subject are addressed simultaneously to each country. (Endnote 4) In addition, in the case of the 12 fundamental and priority Conventions, as well as for certain other groups of Conventions containing a large number of instruments, reports are requested, with a view to balancing their submission, in accordance with English alphabetical order, one year by member States beginning with the letters A to J, and the second year by those whose names begin with the letters K to Z, or the converse. (Endnote 5) For a list of subject matters and corresponding Conventions, please see page v.

15. The Committee also had before it reports especially requested from certain governments on other Conventions for one of the following reasons:

(a) a first report after ratification was due;

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

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

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

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

Reports requested and received

16. A total of 2,569 reports were requested from governments on the application of Conventions ratified by member States (article 22 of the Constitution). At the end of the present session of the Committee, 1,645 of these reports had been received by the Office. This figure corresponds to 64.03 per cent of the reports requested, compared with 65.87 per cent last year.

17. In addition, 331 reports were requested on Conventions declared applicable with or without modifications to non-metropolitan territories (article 35 of the Constitution). Of these, 225 reports, or 67.98 per cent, had been received by the end of the Committee's session, in comparison with 58.65 per cent last year.

18. Appendix I of the report lists the reports received and not received, classified by country/territory and by Convention. Appendix II shows, for each year in which the Conference has met since 1932, the number and percentage of reports received by the prescribed date, by the date of the meeting of the Committee, and by the date of the session of the International Labour Conference.

19. In some cases reports are not accompanied by copies of the relevant legislation, statistical data or other documentation necessary for their full examination. In cases where this material was not otherwise available, the Office, as requested by the Committee, wrote to the governments concerned asking them to supply the necessary texts to enable the Committee to fulfil its task.

Compliance with reporting obligations

20. Most of the governments from which reports were due on the application of ratified Conventions have supplied most or all the reports requested (see Appendix I). However, no reports due have been received for the past two or more years from the following 16 countries: Afghanistan, Antigua and Barbuda, Armenia, Denmark (Greenland), Grenada, Haiti, Iraq, Kiribati, Liberia, Paraguay, Solomon Islands, Somalia, Tajikistan, United Republic of Tanzania (Zanzibar), The former Yugoslav Republic of Macedonia, Turkmenistan. In addition, all or the majority of the reports due this year have not been received from the following 40 countries: Azerbaijan, Barbados, Belize, Bosnia and Herzegovina, Botswana, Burundi, Cambodia, Cape Verde, Chad, Comoros, Cyprus, Democratic Republic of the Congo, Denmark, Djibouti, Dominica, France (French Southern and Antarctic Territories, St. Pierre and Miquelon), Gambia, Georgia, Ghana, Guinea, Guyana, Kazakhstan, Kyrgyzstan, Lao People's Democratic Republic, Lesotho, Libyan Arab Jamahiriya, Netherlands (Aruba), Niger, Pakistan, Saint Lucia, San Marino, Sao Tome and Principe, Serbia and Montenegro, Seychelles, Sweden, United Republic of Tanzania (Tanganyika), Trinidad and Tobago, United Kingdom (British Virgin Islands, Isle of Man, Montserrat, St. Helena), Yemen, Zambia.

21. The Committee urges the governments of these countries to make every effort to supply the reports requested on ratified Conventions. The Committee is aware that where no reports have been sent for some time, it is likely that administrative or other problems are preventing the government concerned from fulfilling its obligations under the ILO Constitution, and it recalls that in cases of this kind, assistance from the Office, in particular through the specialists on international labour standards in the regional or subregional offices, can help the government to overcome its difficulties.

Late reports

22. The Committee is still concerned about the number of reports being received after the prescribed time period, especially given the large number of reports received this year. The reports due on ratified Conventions should be sent to the Office between 1 June and 1 September of each year. Due consideration is given, when fixing this date, particularly to the time required to translate the reports, where necessary, to conduct research into legislation and other necessary documents, and to examine reports and legislation.

23. 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.

24. The Committee observes that the great majority of reports are received between the time limit fixed and the date on which the Committee meets: by 1 September 2004, the proportion of reports received was only 25.65 per cent. This percentage is only slightly higher than for its previous session (24.23 per cent) and the Committee is still concerned over this fact, since it notes that it is often first reports and those relating to Conventions on which the Committee has made comments that are received the latest. In these circumstances, the Committee has been bound in recent years to postpone to its following session the examination of an increasing number of reports, since they could not be examined with the necessary care owing to lack of time. It has thus had to examine a number of reports at its present session which had previously been deferred.

25. The Committee wishes to draw attention to the importance of the governments transmitting reports within the prescribed time limits. The majority of reports received from governments continued this time to arrive in the last three months before the Committee's meeting or even during it. This obviously places a great strain on the supervisory process and effectively makes it impossible for some cases to be dealt with adequately or at all. These problems will continue to increase with the success of the ratification campaign on fundamental Conventions and an increase in the number of ratifications of other Conventions.

26. Furthermore, the Committee notes that a number of countries sent some or all of the reports due by 1 September 2003 on ratified Conventions during the period between the end of the Committee's December 2003 session, and the beginning of the June 2004 session of the International Labour Conference, or even during the Conference. (Endnote 6) The Committee emphasizes that this practice disturbs the regular operation of the supervisory system and makes it more burdensome. It wishes to provide the following list of those countries which followed this practice in 2003-04, as requested by the Conference Committee on the Application of Standards: Algeria (Conventions Nos. 96, 122); Angola (Conventions Nos. 69, 106); Barbados (Conventions Nos. 98, 101, 111, 144); Botswana (Conventions Nos. 14, 87, 98, 144); Cambodia (Conventions Nos. 105, 111, 150); Cameroon (Conventions Nos. 14, 87, 89, 98, 100, 106, 111, 132, 138); Central African Republic (Conventions Nos. 14, 62, 98, 101, 119); Congo (Conventions Nos. 13, 14, 26, 29, 81, 87, 89, 95, 98, 100, 105, 111, 119, 138, 144, 149, 152); Cyprus (Conventions Nos. 111, 142, 171, 182); Democratic Republic of the Congo (Conventions Nos. 87, 105, 111, 135, 138, 144, 182); Denmark (Conventions Nos. 119, 120, 129, 139, 149); Denmark: Faeroe Islands (Conventions Nos. 5, 6, 7, 8, 9, 12, 14, 16, 19, 53, 98, 105); Equatorial Guinea (Conventions Nos. 1, 14, 30, 87, 98, 138); Fiji (Conventions Nos. 29, 98); France (Conventions Nos. 82, 142); France: French Guiana (Conventions Nos. 58, 69, 74, 112, 113, 125), French Polynesia (Convention No. 149), French Southern and Antarctic Territories (Conventions Nos. 58, 69, 74, 87, 98, 111), Guadeloupe (Conventions Nos. 58, 69, 74, 112, 113, 125), Martinique (Conventions Nos. 58, 69, 74, 112, 113, 125), New Caledonia (Conventions Nos. 29, 52, 82, 87, 89, 95, 98, 100, 101, 111, 120, 127, 129, 131, 141, 142, 144, 149), Réunion (Conventions Nos. 58, 69, 74, 112, 113, 125), St. Pierre and Miquelon (Conventions Nos. 58, 69, 125); Ghana (Conventions Nos. 30, 87, 89, 100, 111); Guinea (Conventions Nos. 14, 62, 113, 117, 139, 142); Iceland (Convention No. 111); Israel (Conventions Nos. 87, 98); Kazakhstan (Conventions Nos. 29, 100, 105, 138); Madagascar (Conventions Nos. 81, 97, 117, 129); Mongolia (Conventions Nos. 98, 100, 103, 123); Netherlands: Netherlands Antilles (Conventions Nos. 14, 29, 101, 106, 172); Niger (Conventions Nos. 6, 13, 14, 102, 135, 142); Papua New Guinea (Conventions Nos. 103, 105, 111, 138, 158, 182); Peru (Conventions Nos. 29, 81, 105); Saint Kitts and Nevis (Conventions Nos. 29, 105); San Marino (Conventions Nos. 29, 105, 138, 142, 182); Serbia and Montenegro (Conventions Nos. 12, 14, 19, 29, 32, 81, 89, 90, 97, 106, 121, 129, 132, 138, 140, 142, 143, 158); Sierra Leone (Conventions Nos. 8, 16, 17, 19, 22, 26, 29, 32, 45, 58, 59, 81, 87, 88, 94, 95, 98, 99, 100, 101, 105, 111, 119, 125, 126, 144); Slovakia (Conventions Nos. 13, 29, 102, 105, 115, 120, 139, 173); Slovenia (Conventions Nos. 138, 140, 142, 173, 175, 182); United Republic of Tanzania (Conventions Nos. 19, 135, 144); Thailand (Convention No. 182); Trinidad and Tobago (Conventions Nos. 29, 105); Uganda (Conventions Nos. 29, 81, 98, 105, 122, 144, 154, 158, 162); United Arab Emirates (Convention No. 105); United Kingdom: Anguilla (Conventions Nos. 14, 29, 58, 82, 101, 105, 140), Bermuda (Conventions Nos. 29, 82, 105), Falkland Islands (Malvinas) (Conventions Nos. 14, 29, 82, 105).

Supply of first reports

27. A total of 138 of the 235 first reports due on the application of ratified Conventions were received by the time that the Committee's session ended, compared to last year when 167 out of the 297 first reports had been received. However, a number of countries have failed to supply first reports, some of which are more than a year overdue. Thus, certain first reports on ratified Conventions have not been received from the following 23 States: since 1992 Liberia (Convention No. 133); since 1995 Armenia (Convention No. 111), Kyrgyzstan (Convention No. 133); since 1996 Armenia (Conventions Nos. 100, 122, 135, 151); since 1998 Armenia (Convention No. 174), Equatorial Guinea (Conventions Nos. 68, 92); since 1999 Turkmenistan (Conventions Nos. 29, 87, 98, 100, 105, 111); since 2001 Armenia (Convention No. 176), Kyrgyzstan (Convention No. 105), Tajikistan (Convention No. 105); since 2002 Azerbaijan (Conventions Nos. 81, 129), Bosnia and Herzegovina (Convention No. 105), Chad (Conventions Nos. 132, 182), Gambia (Conventions Nos. 29, 105, 138), Kyrgyzstan (Convention No. 81), Saint Kitts and Nevis (Conventions Nos. 87, 98, 100), Saint Lucia (Conventions Nos. 154, 158, 182); and since 2003 Bahamas (Convention No. 147), Bosnia and Herzegovina (Convention No. 182), Dominica (Convention No. 182), Equatorial Guinea (Convention No. 182), Gambia (Convention No. 182), Iraq (Conventions Nos. 172, 182), Kiribati (Conventions Nos. 29, 105), Lesotho (Conventions Nos. 105, 150), Madagascar (Convention No. 182), Pakistan (Conventions Nos. 100, 182), Paraguay (Convention No. 182), Serbia and Montenegro (Conventions Nos. 24, 25, 27, 102, 113, 114, 156), Uganda (Convention No. 182), Zambia (Convention No. 182).

28. First reports have particular importance since it is the basis on which the Committee makes its initial assessment of the observance of ratified Conventions. The Committee therefore requests the governments concerned to make a special effort to supply these reports. This is even more important in view of the Governing Body's decision at its 282nd Session to remove the automatic obligation to submit a second detailed report two years after the first report.

Replies to the comments of the supervisory bodies

29. Governments are requested to reply in their reports to the observations and direct requests made by the Committee, and the majority of governments have provided the replies requested. In accordance with the established practice, the International Labour Office wrote to all the governments who failed to provide such replies, requesting them to supply the necessary information. Of the 37 governments to which such letters were sent, only six have provided the information requested.

30. The Committee notes that there are still many cases of failure to reply to its comments, either:

(a) out of all the reports requested from governments, no reply has been received; or

(b) the reports received contained no reply to most of the Committee's comments (observations and/or direct requests) and/or did not reply to the letters sent by the Office.

31. In all there were 444 cases of no response (concerning 49 countries). (Endnote 7) There were 325 such cases (concerning 37 countries) last year. It is bound to repeat the observations or direct requests already made on the Conventions in question.

32. The failure of the governments concerned to fulfil their obligations considerably hinders the work of the Committee of Experts and that of the Conference Committee, and the Committee of Experts cannot overemphasize the importance of ensuring the dispatch of the reports and replies to its comments.

B. Examination of reports

33. In examining the reports received on ratified Conventions and Conventions declared applicable to non- metropolitan territories, in accordance with its practice the Committee assigned, to each of its members, the initial responsibility for a group of Conventions. Reports received early enough are sent to the members concerned in advance of the Committee's session. The members submit their preliminary conclusions on the instruments for which they are responsible to all their colleagues for their examination. These conclusions are then presented to the Committee in plenary sitting by their respective authors for discussion and approval. Decisions on comments are adopted by consensus.

Observations and direct requests

34. In many cases, the Committee has found that no comment is called for regarding the way in which a ratified Convention has been implemented. In other cases, however, the Committee has found it necessary to draw the attention of the governments concerned to the need to take further action to give effect to certain provisions of Conventions or to supply additional information on given points. As in previous years, its comments have been drawn up in the form either of "observations" which are reproduced in the report of the Committee, or "direct requests", which are not published in the report, but are communicated directly to the governments concerned. (Endnote 8)

35. As in the past, the Committee has indicated by special notes at the end of the observations (traditionally known as footnotes) the cases in which, because of the nature of the problems met in the application of the Conventions concerned, it has seemed appropriate to ask the government to supply a report earlier than would otherwise have been the case. (Endnote 9) Under the present reporting cycle, (Endnote 10) which applies to most Conventions, such early reports have been requested after an interval of either one or two years, according to circumstances. In some instances, the Committee has also requested the government to supply full particulars to the Conference at its next session in June 2005. (Endnote 11) In addition, in certain cases the Committee has requested governments to furnish detailed reports when simplified reports would otherwise be due.

36. The observations of the Committee appear in Part II (sections I and II) of this report, together with a list under each Convention of any direct requests. An index of all observations and direct requests, classified by country, is provided in Annex VII.

Practical application

37. The Committee also notes with interest the judicial and administrative decisions on questions of principle relating to the application of ratified Conventions to which certain countries have referred in their reports. It noted that 49 reports contain information of this kind and thereby shed additional light on the problems raised in these cases by the practical application of the Conventions in question.

Cases of progress

38. In accordance with its usual practice, the Committee has drawn up a list of the cases in which it has been able to express its satisfaction at the adoption of necessary changes in a country's law or practice following comments by the Committee on the degree of conformity between national law or practice and the provisions of a ratified Convention. Details concerning the cases in question are to be found in Part II of this report and cover 53 instances in which measures of this kind have been taken in 35 countries. The full list is as follows:

List of the cases in which the Committee has been able toexpress its satisfaction at certain measures taken by theGovernments

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

State

Conventions Nos.

Argentina

81, 98

Austria

81

Benin

81, 150

Botswana

87, 98

Brazil

81

Bulgaria

81

China – Hong Kong Special Administrative Region

160

Comoros

1

Democratic Republic of the Congo

29

France

81, 138

France – French Polynesia

63, 129

Gabon

81

Greece

111, 150

Guatemala

98, 129

Latvia

81

Lithuania

154

Luxembourg

87

Madagascar

81

Malawi

81

Malta

100

Mauritania

87, 98

Morocco

135

Netherlands

98

New Zealand

29, 160

Nicaragua

87

Peru

87, 88, 98, 151

Portugal

87

Romania

87

Singapore

98

Slovenia

100

Sudan

98

United Republic of Tanzania

87, 98

Turkey

87, 98, 118, 158

United Kingdom

98

United Kingdom – Gibraltar

29

Viet Nam

81

Zimbabwe

100

 

39. Thus, the total number of cases in which the Committee has been led to express its satisfaction with the progress achieved following its comments has risen to 2,429 since the Committee began listing them in its reports in 1964.

40. In addition, there have been 267 cases in which the Committee has been able to note with interest various measures that have been taken following its comments with a view to ensuring a fuller application of ratified Conventions. Details concerning the cases in question are to be found in Part II of this report and in the requests addressed directly to governments concerned and cover 267 instances in which measures of this kind have been taken concerning 103 countries. The full list is as follows:

List of the cases in which the Committee has been able tonote with interest various measures taken by theGovernments of the fo

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

State

Conventions Nos.

Algeria

150

Angola

81, 138, 182

Argentina

182

Australia

81, 98

Austria

138, 182

Azerbaijan

148

Bahamas

100, 138

Bangladesh

81, 182

Barbados

138

Belarus

111

Belgium

138, 149

Belize

97, 138

Benin

81, 138, 150, 182

Bolivia

81, 129, 138

Botswana

87

Brazil

29, 81, 138, 142, 182

Bulgaria

81, 100, 111, 182

Burkina Faso

138, 182

Burundi

105, 138

Canada

160, 162

Chile

29, 63, 98, 138, 182

China – Hong Kong Special Administrative Region

81, 97, 138, 160

China – Macau Special Administrative Region

81, 138

Colombia

81, 129, 138, 160

Costa Rica

81, 160, 182

Croatia

81, 138

Cuba

150

Cyprus

95, 111, 171, 172

Czech Republic

87, 100

Dominican Republic

29, 81, 138, 182

Ecuador

138

Egypt

63, 100, 138

El Salvador

81, 138, 160, 182

Equatorial Guinea

87, 103

Fiji

8, 85, 87, 98

Finland

81, 111, 129, 149, 150, 182

France

42, 63, 81, 111, 182

France – French Guiana

81

France – French Polynesia

81, 129

France – New Caledonia

81, 129

France – St. Pierre and Miquelon

81

Gabon

81

Germany

81, 129

Ghana

182

Greece

81, 150

Guatemala

81, 129, 138, 144, 160, 182

Honduras

81, 138, 182

Hungary

111, 138, 142

Iceland

111

India

29, 89, 160

Indonesia

98, 138, 182

Ireland

81, 139, 160

Italy

81, 182

Japan

100, 138

Jordan

81, 138

Kazakhstan

81, 138

Kenya

98, 100, 182

Republic of Korea

138, 182

Kuwait

87

Latvia

81, 111, 120, 158

Lebanon

1, 17, 98, 182

Lesotho

98, 138, 182

Libyan Arab Jamahiriya

130

Lithuania

111, 159

Luxembourg

100, 111, 150, 182

Madagascar

81, 129

Malawi

81, 129, 182

Mali

81, 87

Malta

100, 111

Mauritania

14, 29, 111, 182

Mauritius

98

Mexico

161, 167, 182

Mongolia

123

Morocco

30, 100, 111, 182

Namibia

111

Netherlands

177

Netherlands – Aruba

101

Nicaragua

13, 87

Nigeria

87

Norway

13, 87, 98, 100, 111

Panama

88

Papua New Guinea

100, 138

Peru

71, 81, 87, 102

Philippines

182

Poland

45, 62, 87, 115, 119, 127

Portugal

45, 148, 149, 159, 182

Romania

81, 87, 98, 129

Russian Federation

87

Rwanda

135

Sao Tome and Principe

18

Serbia and Montenegro

87

Slovakia

45

Slovenia

136, 138, 139, 162

South Africa

45, 100, 111

Spain

45, 100, 111, 159

Sri Lanka

87, 182

Swaziland

98

Sweden

115

Syrian Arab Republic

138

United Republic of Tanzania

63, 87, 148, 182

Turkey

87, 127, 182

Ukraine

87

United Kingdom

68, 87, 135, 138, 182

United Kingdom – Guernsey

98

United States

182

Uruguay

148, 182

Venezuela

87, 98, 111

Viet Nam

100, 182

Yemen

81

Zimbabwe

45, 100

 

41. All these cases provide an indication of the efforts made by governments to ensure that their national law and practice are in conformity with the provisions of the ILO Conventions they have ratified.

Role of employers' and workers' organizations

42. At each session, the Committee draws the attention of governments to the important role of employers' and workers' organizations in the application of Conventions and Recommendations. Moreover, it highlights the fact that numerous Conventions require consultation with employers' and workers' organizations, or their collaboration in a variety of measures. The Committee notes that almost all governments have indicated in the reports supplied under articles 19 and 22 of the Constitution the representative organizations of employers and workers to which, in accordance with article 23, paragraph 2, of the Constitution, they have communicated copies of the reports supplied to the Office. Almost all governments have indicated the organizations to which they have communicated copies of the information supplied to the Office on the submission to the competent authorities of the instruments adopted by the Conference.

Observations made by employers' and workers' organizations

43. Since its last session, the Committee has received 533 observations (compared to 297 last year), 70 of which were communicated by employers' organizations and 463 by workers' organizations. The Committee welcomes this increase, and recalls the importance it attaches to this contribution by employers' and workers' organizations to the tasks of the supervisory bodies, which is essential for the Committee's evaluation of the application of ratified Conventions in law and in practice.

44. The majority of observations received (501) relate to the application of ratified Conventions (see Appendix III). (Endnote 12) Thirty-two observations relate to the reports provided by governments under article 19 of the Constitution of the ILO on the Hours of Work (Industry) Convention, 1919 (No. 1), and the Hours of Work (Commerce and Offices) Convention, 1930 (No. 30).(Endnote 13)

45. The Committee notes that, of the observations received this year, 335 were transmitted directly to the Office, which, in accordance with the practice established by the Committee, referred them to the governments concerned for comment. In 198 cases, the governments transmitted the observations with their reports, sometimes adding their own comments.

46. The Committee also examined a number of other observations by employers' and workers' organizations, consideration of which had been postponed from the last session because the observations of the organizations or the replies of the governments had arrived just before or just after the session. It has again had to postpone the examination of a number of observations to its next session, when they were received too close to or even during the Committee's present session, in particular to allow reasonable time for the governments concerned to make comments.

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

48. The Committee notes that the matters dealt with in these observations have touched on a very wide range of Conventions. The second part of this report contains most of the comments made by the Committee on cases in which the comments raised matters relating to the application of ratified Conventions. Where appropriate, other comments are examined in requests addressed directly to the governments.

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

49. In accordance with its terms of reference, the Committee this year examined the following information supplied by the governments of member States pursuant to article 19 of the Constitution of the International Labour Organization:

(a) information on the steps taken to submit to the competent authorities the instruments adopted by the Conference at its 90th Session (2002) (Protocol of 2002, Recommendations Nos. 193 and 194);

(b) information on the steps taken to submit to the competent authorities the Seafarers' Identity Documents (Revised) Convention, 2003 (No. 185), adopted by the Conference at its 91st Session (2001);

(c) additional information on the steps taken to submit to the competent authorities the instruments adopted by the Conference from its 31st Session (1948) to its 90th Session (2002) (Conventions Nos. 87 to 184, Recommendations Nos. 83 to 194 and the Protocols);

(d) replies to the observations and direct requests made by the Committee at its previous session (November-December 2003).

50. The table in Appendix IV of Part Two of this report shows the position of each member State on the basis of the information supplied by governments regarding the obligation to submit the instruments adopted by the Conference to the competent authorities. Appendix V shows the overall situation with regard to the instruments adopted since the 51st Session (June 1967) of the Conference. Appendix VI contains a summary indicating, where the information has been provided, the name of the competent authority to which the instruments adopted by the Conference at its 90th and 91st Sessions (June 2002 and 2003) were submitted and the date of submission.

90th Session

51. The instruments adopted at the 90th Session (June 2002) of the Conference were to be submitted to the competent authorities within one year or, under exceptional circumstances, within 18 months of the closure of the session, that is before 20 June 2003 and 20 December 2003, respectively. The Committee notes with interest the information on submission of these instruments to the competent authorities provided by the following 29 States, in addition to those mentioned in the last report: Albania, Australia, Austria, Barbados, Belgium, Cyprus, Czech Republic, El Salvador, Eritrea, France, Greece, Guatemala, Hungary, India, Indonesia, Israel, Jordan, Mauritania, Republic of Moldova, Morocco, Niger, Nigeria, Norway, Panama, Qatar, San Marino, South Africa, Switzerland and United States. The Protocol of 2002 has received three ratifications.

91st Session

52. The Seafarers' Identity Documents (Revised) Convention, 2003 (No. 185), adopted at the 91st Session (2003) of the Conference was to be submitted to the competent authorities within one year or, under exceptional circumstances, within 18 months of the closure of the session of the Conference, that is before 19 June 2004 and 19 December 2004, respectively. The following 59 governments have provided information on the steps taken with a view to the submission of Convention No. 185 to the authorities which they consider competent: Barbados, Belarus, Benin, Bulgaria, China, Costa Rica, Czech Republic, Denmark, Dominican Republic, Egypt, Eritrea, Finland, France, Germany, Greece, Guatemala, Honduras, India, Indonesia, Islamic Republic of Iran, Italy, Japan, Jordan, Kenya, Kuwait, Lebanon, Lithuania, Luxembourg, Malaysia, Mauritania, Mauritius, Republic of Moldova, Morocco, Myanmar, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Philippines, Poland, Qatar, Romania, Saint Kitts and Nevis, San Marino, Saudi Arabia, Slovakia, Slovenia, South Africa, Suriname, Switzerland, Syrian Arab Republic, Trinidad and Tobago, Tunisia, Turkey, United Arab Emirates, United Kingdom and Zimbabwe. Convention No. 185, which has received three ratifications, will enter into force on 9 February 2005.

Noted improvements

53. The Committee welcomes the special efforts made by the following governments: Guatemala, Morocco, Nigeria and South Africa.

General aspects

54. The Committee has noted the discussions under way in the Governing Body to consider revision of the 1980 Memorandum in order to assist governments and the social partners to discharge the obligations set forth in article 19 of the Constitution and to facilitate the transmission by governments of the information requested along uniform lines.

55. Since it was last revised by the Governing Body in 1980, the Memorandum concerning the obligation to submit Conventions and Recommendations to the competent authorities has allowed the Committee to examine the information it needs in order to assess the efforts that governments have made to fulfil this essential constitutional obligation. The Committee has accordingly underlined the importance of transmitting information to parliamentary bodies, the most widely used procedure for deciding on the ratification of Conventions and Protocols or the implementation of Recommendations at national level.

56. The Committee has always stressed, as has the Conference Committee, that in order to promote the Organization's objectives it is important to ensure that national parliaments are regularly and thoroughly informed of the instruments adopted by the Conference.

57. The Committee notes with satisfaction that, for the 112 States that have already ratified the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), effective consultations should be held at national level on the proposals put to parliaments at the time of submission of the instruments adopted by the Conference. The effectiveness of consultations presupposes that the representatives of employers and of workers have at their disposal, sufficiently in advance, all the elements they need to reach their opinions before the government comes to its final decision.

58. The Committee hopes that the revision of the Memorandum will enable the obligation of submission to be better understood and help to remedy the serious cases of delay in submission mentioned in paragraphs 14 and 15.

Comments of the Committee and replies from governments

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

60. The Committee hopes that the comments it is addressing this year to 132 governments will enable them better to discharge the constitutional obligation of submission and thus to contribute to the promotion of the standards adopted by the Conference and the ratification of recent Conventions. As the Committee has noted before, it is important that governments should send the information and documents requested by the questionnaire at the end of the Memorandum. The Committee must receive, for examination, a summary or a copy of the documents by which the instruments have been submitted to the parliamentary bodies, together with the proposals as to the action to be taken on them. The obligation of submission is discharged only once the instruments adopted by the Conference have been submitted to Parliament and the relevant information has been supplied to the ILO.

Special problems

61. The Committee regrets that the governments of the following 14 countries have supplied no information showing that the instruments adopted by the Conference at the last seven or more sessions (from the 84th to the 90th) have indeed been submitted to the competent authorities: Afghanistan, Armenia, Cambodia, Djibouti, Guinea, Haiti, Lao People's Democratic Republic, Latvia, Sao Tome and Principe, Sierra Leone, Solomon Islands, Somalia, Turkmenistan and Uzbekistan.

62. In response to the call made by the Director-General for the highest priority to be given to the ratification of the Worst Forms of Child Labour Convention, 1999 (No. 182), some governments were particularly prompt in sending information on the steps taken with a view to the submission of this instrument, adopted by the Conference on 17 June 1999 at its 87th Session. Fifteen States have not yet submitted the instruments of 1999 to the competent authorities (Convention No. 182 has received 150 ratifications). The Committee remains concerned about some States which, although they have ratified Convention No. 182, have built up a very significant backlog in the submission to the competent authorities of the instruments adopted by the Conference. These countries (Belize, Bolivia, Bosnia and Herzegovina, Cameroon, Central African Republic, Comoros, Congo, Dominica, Grenada, Guinea-Bissau, Kazakhstan, Kyrgyzstan, Madagascar, Mali, Saint Lucia, Senegal) were mentioned in previous reports.

63. The Committee considers this situation to be a matter of extreme concern. Indeed, there is a danger that some of these countries may find it very difficult, or even impossible, to bring themselves up to date. Furthermore, neither the legislative authorities nor public opinion in these countries are regularly informed of the existence of new instruments as they are adopted by the Conference, which defeats the real purpose of the obligation of submission, as explained in the preceding paragraphs.

64. The Committee reminds governments that they may seek technical assistance from the ILO, particularly through the standards specialists in the field and the relevant branches of the Office. It particularly urges those governments with long-standing non-compliance to utilize this facility to assist them in discharging their obligations under article 19 of the Constitution.

Instruments chosen for reports under article 19 of the Constitution

65. In accordance with the decisions taken by the Governing Body, governments were requested to supply reports under article 19 of the ILO Constitution on the Hours of Work (Industry) Convention, 1919 (No. 1), and the Hours of Work (Commerce and Offices) Convention, 1930 (No. 30).

66. A total of 272 reports were requested and 143 received. (Endnote 14) This represents 52.57 per cent of the reports requested.

67. The Committee notes with regret that, for the past five years, none of the reports on unratified Conventions and Recommendations requested under article 19 of the ILO Constitution has been received from the following 25 countries: Afghanistan, Bosnia and Herzegovina, Cameroon, Congo, Democratic Republic of the Congo, Dominican Republic, Guinea, Guyana, Kazakhstan, Kyrgyzstan, Liberia, Mali, Mongolia, Saint Vincent and the Grenadines, Sao Tome and Principe, Sierra Leone, Slovakia, Solomon Islands, Tajikistan, The former Yugoslav Republic of Macedonia, Togo, Turkmenistan, Uganda, Uzbekistan, and Zambia.

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

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

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

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

70. In the context of collaboration with other international organizations on questions concerning supervision of the application of international instruments relating to subjects of common interest, in a new procedure inaugurated this year, the United Nations, certain specialized agencies and other intergovernmental organizations with which the ILO has entered into special arrangements for this purpose, are being asked whether they have information on how Conventions are being applied. The list of the Conventions concerned and the international organizations that were consulted is as follows:

- the Indigenous and Tribal Populations Convention, 1957 (No. 107), to the United Nations Food and Agriculture Organization (FAO), the Inter-American Indian Institute of the Organization of American States, the United Nations, the United Nations Office of the High Commissioner for Human Rights, the United Nations Educational, Scientific and Cultural Organization (UNESCO) and the World Health Organization (WHO); the Radiation Protection Convention, 1960 (No. 115), to the International Atomic Energy Agency;

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

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

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

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

- the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), to the United Nations, United Nations Office of the High Commissioner for Human Rights, UNESCO and WHO;

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

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

B. United Nations treaties concerning human rights

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

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

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

- the International Convention on the Elimination of All Forms of Discrimination against Women (three sessions);

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

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

72. The Office has established a good working relationship with all these committees, and each of them regularly refers to information provided by the ILO and recommends the ratification of appropriate ILO Conventions or measures to apply them more fully. The Committee of Experts met the United Nations Committee on Economic, Social and Cultural Rights before its 2003 session, and a similar meeting took place on 25 November 2004.

73. The Office has had a series of meetings with the newly established United Nations treaty body created to monitor the implementation of the International Convention on the Protection of the Rights of all Migrants Workers and Members of their Families, which recently received the ratifications necessary to enter into force. This United Nations Convention assigns a prominent role to the ILO in examining government reports, which are due to begin arriving in 2005.

74. The Office was also represented at the 16th Meeting (June 2004) of Chairpersons of the United Nations treaty bodies to discuss closer cooperation between these bodies and the ILO and, in particular, how the treaty bodies could make better use of the detailed information provided in the ILO reports. C. European treaties

European Code of Social Security and its Protocol

75. In accordance with the supervisory procedure established under article 74(4) of the Code, and the arrangements made between the ILO and the Council of Europe, the Committee of Experts examined 19 reports on the application of the European Code of Social Security and, as appropriate, its Protocol. It noted that the State parties to the Code and the Protocol continue in large measure to apply them. At the sitting in which the Committee examined the reports on the European Code of Social Security and its Protocol, the Council of Europe was represented by Ms. Michelle Akip. The conclusions of the Committee regarding these reports will be sent to the Council of Europe. Estonia and Slovenia ratified the Code in February and May 2004, respectively. 76. In addition, representatives of the ILO took part as technical advisers in the meeting of the Committee of Experts on Standard-setting Instruments in the field of social security held in Limassol (Cyprus) in May 2004, to examine the application of these instruments on the basis of the conclusions of the Committee of Experts. The Committee of Experts on Standard-setting Instruments endorsed the conclusions of the Committee of Experts. Joint missions with the Council of Europe were also carried out in the following countries: Hungary (May 2004), Lithuania (April 2004), Republic of Moldova (November 2004), Netherlands (May 2004) and Spain (March 2004).

European Social Charter

77. In accordance with article 26 of the European Social Charter, the ILO participates in an advisory capacity in the sessions of the Committee of Independent Experts responsible for supervising the application of the Charter. Since the last session of the Committee, Andorra, Armenia, Azerbaijan and Belgium have ratified the European Social Charter (Revised) and Hungary has ratified the Protocol amending the Social Charter.

D. Matters relating to human rights

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

79. The Committee recalls that the Governing Body decided, at its March-April 1995 session, to collect information on the ratification situation of the ILO Conventions dealing with fundamental human rights (Conventions Nos. 29 and 105, 87 and 98, 100 and 111, and 138 and 182, the last having been added after its adoption in 1999) and, at its subsequent sessions, examined reports collating the replies of member States to the Director-General's letter calling for their universal ratification. The Governing Body has also examined reports of the Office's assistance to the member States for the ratification and application of these instruments. The campaign has been a great success, with more than 440 new ratifications or confirmations of ratifications previously applicable, undertaken by 158 countries. To date, of the Organization's 177 member States, 104 countries (five more than a year ago) have ratified the eight fundamental Conventions, 29 have ratified seven, and increasing numbers of States continue to deposit ratifications of these instruments. Among the eight fundamental Conventions, the Worst Forms of Child Labour Convention, 1999 (No. 182), has now acquired 150 ratifications, attaining the fastest ratification pace of any ILO Convention in its history, while the Minimum Age Convention, 1973 (No. 138), also continues to be ratified at a rapid pace and approaches the levels of ratification of the other fundamental Conventions. The campaign continues, and detailed periodic reports are submitted to the Governing Body each year.

80. The Committee also notes that the ILO has participated in the sessions of the United Nations Permanent Forum on Indigenous Issues (third session in May 2004) and in a UNESCO World Forum on Human Rights (2004), in addition to its regular attendance at meetings of the UN Commission on Human Rights and its subsidiary bodies.

* * *

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

Geneva, 10 December 2004.

(Signed) Robyn Layton, QC,

Chairperson.

A. Al-Fuzaie,

Reporter.

Appendix to the General Report

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

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

Professor of Private Law of the University of Kuwait; attorney; member of the International Court of Arbitration of the International Chamber of Commerce (ICC); member of the Administrative Board of the Centre of Arbitration of the Chamber of Commerce and Industry of Kuwait; former Director of Legal Affairs of the Municipality of Kuwait; former Adviser to the Embassy of Kuwait (Paris).

Ms. Janice R. BELLACE (United States),

Associate Provost, University of Pennsylvania and Samuel Blank Professor and Professor of Legal Studies and Management of the Wharton School, University of Pennsylvania; Vice-Chairman and Founding President, Singapore Management University; Senior Editor, Comparative Labor Law and Policy Journal; member of the Executive Board of the International Industrial Relations Association; member of the Executive Board of the US branch of the International Society of Labor Law and Social Security; member of the Public Review Board of the United Automobile, Aerospace and Agricultural Implements Workers' Union; former Secretary of the Section on Labor Law, American Bar Association.

Mr. Prafullachandra Natvarlal BHAGWATI (India),

Former Chief Justice of India; former Chief Justice of the High Court of Gujarat; former Chairman, Legal Aid Committee and Judicial Reforms Committee, Government of Gujarat; former Chairman, Committee on Juridicare, Government of India; former Chairman of the Committee appointed by the Government of India for implementing legal aid schemes in the country; member of the International Committee on Human Rights of the International Law Association; member of the Editorial Committee of Reports of the Commonwealth; Chairman of the Advisory Board of the Centre for Independence of Judges and Lawyers of the International Commission of Jurists, Geneva; Vice- President of "El Taller"; former Chairman of the Standing Independent Group for scrutinizing and monitoring mega- power projects in India; Chairman of the United Nations Human Rights Committee; former member of the International Panel of Eminent Persons for investigating causes of genocide in Rwanda by the OAU; Regional Adviser to the High Commissioner for Human Rights for the Asia-Pacific Region; member of the International Advisory Council of the World Bank for Legal and Judicial Reform; Fellow of the American Academy of Arts and Sciences; honorary member of the Bar of the City of New York.

Mr. Michael Halton CHEADLE (South Africa),

Professor of Labour Law at the University of Cape Town; former Chief Counsel of the Congress of South African Trade Unions; former Special Adviser to the Labour Minister; former Convener of the Task Team to draft the South African Labour Relations Act. Ms. Laura COX, QC (United Kingdom), Justice of the High Court, Queen's Bench Division; LL B, LL M of the University of London; previously a Barrister specializing in employment law, discrimination and human rights; Head of Cloisters Chambers, Temple (1995-2002); Chairperson of the Bar Council Sex Discrimination Committee (1995-99) and Equal Opportunities Committee (1999-2002); Bencher of the Inner Temple; member of the Independent Human Rights Organization Justice (former Council member) and one of the founding Lawyers of Liberty (the National Council for Civil Liberties); previously a Vice-President of the Institute of Employment Rights and member of the Panel of Experts advising the Cambridge University Independent Review of Discrimination Legislation; currently Chairperson of the Board of INTERIGHTS, the International Centre for the Legal Protection of Human Rights and Chairperson of the Equal Treatment Advisory Committee of the Judicial Studies Board.

Ms. Blanca Ruth ESPONDA ESPINOSA (Mexico),

Doctor of Law; Professor of International Public Law at the Law Faculty of the National Autonomous University of Mexico; Vice-President of the Regional Council of IPPF/WHR; former President of the Senate of the Republic (1989) and of the Foreign Relations Committee; former President of the Population and Development Committee of the Chamber of Deputies and member of the Labour and Social Security Committee; former President of the Inter- American Parliamentary Group on Population and Development and former Vice-President of the Global Forum of Spiritual and Parliamentary Leaders; member of the National Federation of Lawyers and of the Lawyers' Forum of Mexico; recipient of the award for Juridical Merit "the Lawyer of the Year (1993)"; former Director-General of the National Institute for Labour Studies; former Commissioner of the National Migration Institute and former editor of the Mexican Labour Review.

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

LL B., LL M., Barrister-at-Law; former Judge and Deputy President of the South Australian Industrial Court and Commission; former Deputy President of the Federal Administrative Appeals Tribunal; Chairperson of the Human Rights Committee of the Law Society of South Australia; former Director, National Rail Corporation; former Commissioner on the Health Insurance Commission; former Chairperson of the Australian Health Ethics Committee of the National Health and Medical Research Council; former Honorary Solicitor for the South Australian Council for Civil Liberties; former Solicitor for the Central Aboriginal Land Council; former Chairman of the South Australian Sex Discrimination Board.

Mr. Pierre LYON-CAEN (France),

Honorary Advocate-General, Court of Cassation (Social Division); President, Journalists Arbitration Commissions; Former Deputy Director, Office of the Minister of Justice; Graduate of the Ecole Nationale de la Magistrature. Mr. Sergey Petrovitch MAVRIN (Russian Federation), Professor of Labour Law (Law Faculty of the St. Petersburg State University); Doctor of Law; Chief of the Labour Law Department; former Director of the Interregional Association of Law Schools; Expert of the Labour Committee of the State Duma and Regional Legislative Assembly of St. Petersburg.

Mr. Cassio MESQUITA BARROS (Brazil),

Barrister-at-Law specializing in labour relations (São Paulo); Titular Professor of Labour Law at the Law School of the public University of São Paulo and the Law School of the private Pontifical Catholic University of São Paulo; President of the Arcadas Support Foundation for the Faculty of Law of the University of São Paulo; Founder and President of the Centre for the Study of International Labour Standards of the University of São Paulo; Professor honoris causa of the ICA University of Peru and the University Constantin Brancusi (Romania); Academic Adviser, San Martín de Porres University (Lima); honorary member of the Association of Labour Lawyers (São Paulo); Honorary President of the "Asociación Iberoamericana de Derecho del Trabajo y Seguridad Social" (Buenos Aires, Argentina); Honorary President of the "Academia Nacional do Direito do Trabalho" (Rio de Janeiro); member of the International Academy of Law and Economy (São Paulo); titular member of the "Academia Iberoamericana de Derecho del Trabajo y de la Seguridad Social" (based in Madrid); member of the National Commission on Labour Law and Labour Relations for Labour Reform.

Ms. Angelika NUSSBERGER (Germany),

Doctor of Law; Ordinary Professor of Law at the University of Cologne; Legal Adviser in the Directorate General of Social Cohesion (DG III) of the Council of Europe (2001-02).

Mr. Benjamin Obi NWABUEZE (Nigeria),

LL D (London); Hon. LL D (University of Nigeria); Senior Advocate of Nigeria; Laureate of the Nigerian National Order of Merit; former Professor of Law at the University of Nigeria; former Professor and Dean of the Faculty of Law at the University of Zambia; former member of the Governing Council, Nigerian Institute of International Affairs; Fellow of the Nigerian Institute of Advanced Legal Studies; former member, Council of Legal Education; former Minister of Education for Nigeria; former Constitutional Adviser to the Government of Kenya (1992), Ethiopia (1992) and Zambia (1993); Honourable Fellow of four higher educational institutions in Nigeria; International Intellectual of the Year for the year 2001.

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

Doctor of Law; President of the Second Section of the Council of State (Legal, Labour and Social Matters); Professor of Labour Law; Doctor honoris causa of the University of Ferrara (Italy) and the University of Huelva (Spain); President Emeritus of the Constitutional Court; member of the European Academy of Labour Law, the Ibero-American Academy of Labour Law, the Andalusian Academy of Social Sciences and the Environment, and the European Institute of Social Security; Director of the review Relaciones Laborales; President of the SIGLO XXI Club; recipient of the gold medallion of the University of Huelva; former President of the National Advisory Commission on Collective Agreements and President of the Andalusian Industrial Relations Council; former Dean of the Faculty of Law of the University of Seville; former Director of the University College of La Rábida; former President of the Spanish Association of Labour Law and Social Security.

Mr. Amadou SÔ (Senegal),

Honorary President of the Council of State; former member of the Constitutional Council; former President of the Social and Administrative Section of the Supreme Court; former Secretary-General of the Supreme Court; former Councillor of the Supreme Court; former President of the Social Chamber of the Court of Appeal; former Director of Judicial Services; former Councillor of the Court of Appeal; former President of the Dakar Labour Court; former Auditor of the Supreme Court; former Inspector of Railways.

Mr. Budislav VUKAS (Croatia),

Professor of Public International Law at the University of Zagreb, Faculty of Law; Vice-President of the International Tribunal for the Law of the Sea; member of the Institute of International Law; member of the Permanent Court of Arbitration; member of the OSCE Court of Conciliation and Arbitration; member of the International Council of Environmental Law; member of the Commission on Environmental Law of the International Union for Conservation of Nature and Natural Resources.

Mr. Yozo YOKOTA (Japan),

Professor, Chuo Law School; Special Adviser to the Rector, United Nations University; Member of the UN Sub- Commission on the Promotion and Protection of Human Rights.


Endnotes

Endnote 1

This publication is available online at:

http://www.ilo.org/public/french/standards/norm/download/valticos.pdf .

Endnote 2

This subcommittee is composed of a core group and is open to any member of the Committee wishing to participate in it.

Endnote 3

Documents GB.282/LILS/5, GB.282/8/2, GB.283/LILS/6 and GB.283/10/2.

Endnote 4

Information concerning requests for reports by country and by Convention is available on the ILO web site:

http://webfusion.ilo.org/public/db/standards/normes/appl/index.cfm .

Endnote 5

Information concerning the regular reporting schedule by country and by Convention is available on the ILO web site:

http://webfusion.ilo.org/public/db/standards/normes/schedules/index.cfm .

Endnote 6

For the reports received and not received by the end of the Conference, see report of the Committee on the Application of Standards, Part Two, II, Appendix I (Provisional Record No. 24, 92nd Session, ILC, 2004). See also information on article 22 reports requested and received on the ILO web site:

http://webfusion.ilo.org/public/db/standards/normes/appl/index.cfm .

Endnote 7

Afghanistan (Conventions Nos. 13, 41, 95, 105, 111, 139); Antigua and Barbuda (Conventions Nos. 14, 17, 29, 81, 87, 101, 111, 138); Azerbaijan (Conventions Nos. 16, 23, 29, 69, 73, 87, 108, 119, 120, 122, 126, 135, 138, 142, 147, 151, 154, 160); Barbados (Conventions Nos. 63, 81, 105, 108, 118, 147); Belize (Conventions Nos. 29, 81, 105, 135, 150, 151, 154); Bosnia and Herzegovina (Conventions Nos. 81, 87, 111); Botswana (Conventions Nos. 29, 105, 138, 151, 173); Burundi (Conventions Nos. 29, 81, 89, 94, 98, 100, 101, 111, 135); Cambodia (Conventions Nos. 4, 13, 87, 98, 122, 138); Cape Verde (Conventions Nos. 19, 29, 81, 118); Central African Republic (Conventions Nos. 41, 62, 81, 87, 95, 98, 105, 117, 119, 138, 182); Chad (Conventions Nos. 26, 29, 41, 81, 87, 105, 151); Comoros (Conventions Nos. 52, 81); Côte d'Ivoire (Conventions Nos. 81, 129); Cyprus (Conventions Nos. 29, 105, 150, 151, 160); Democratic Republic of the Congo (Conventions Nos. 81, 87, 98, 100, 102, 150); Denmark (Conventions Nos. 29, 52, 53, 81, 122, 138, 144, 160, 169); Denmark: Greenland (Conventions Nos. 14, 106, 122); Djibouti (Conventions Nos. 22, 23, 29, 53, 55, 56, 63, 69, 71, 73, 81, 91, 105, 106, 108, 125); Dominica (Conventions Nos. 8, 16, 29, 81, 100, 105, 111, 138); France: French Southern and Antarctic Territories (Conventions Nos. 8, 53, 108, 147), Guadeloupe (Conventions Nos. 53, 129, 145), Martinique (Conventions Nos. 22, 53, 145), Réunion (Conventions Nos. 22, 53, 145), St. Pierre and Miquelon (Conventions Nos. 16, 22, 53, 145); Georgia (Conventions Nos. 29, 87, 98, 100, 105, 117, 122, 138, 142); Ghana (Conventions Nos. 22, 29, 74, 81, 103, 105, 117); Grenada (Conventions Nos. 81, 87, 100, 105, 144); Guinea (Conventions Nos. 3, 10, 16, 26, 33, 81, 87, 111, 118, 120, 121, 140, 144, 150, 152, 159); Guyana (Conventions Nos. 81, 129, 138, 150, 166); Haiti (Conventions Nos. 14, 24, 25, 29, 77, 78, 81, 87, 98, 100, 106); Iraq (Conventions Nos. 8, 22, 23, 108, 147, 150); Kazakhstan (Conventions Nos. 87, 98, 122, 135, 148); Kyrgyzstan (Conventions Nos. 14, 29, 52, 77, 78, 79, 87, 95, 98, 100, 122, 124, 148, 149, 159, 160); Lesotho (Conventions Nos. 87, 98, 100, 111, 144); Liberia (Conventions Nos. 22, 29, 53, 55, 58, 87, 92, 98, 105, 111, 112, 113, 114, 133, 147); Libyan Arab Jamahiriya (Conventions Nos. 52, 87, 100, 121, 128, 130, 131); Mozambique (Conventions Nos. 88, 98, 111, 122); Netherlands: Aruba (Conventions Nos. 87, 88, 122, 135, 144), Netherlands Antilles (Conventions Nos. 87, 122); Niger (Conventions Nos. 87, 98, 100, 148); Pakistan (Conventions Nos. 18, 81, 87, 96, 98, 100, 105, 107, 111, 144); Paraguay (Conventions Nos. 1, 29, 30, 52, 79, 81, 87, 89, 90, 98, 100, 111, 115, 117, 119, 120, 122, 159, 169); Saint Lucia (Conventions Nos. 87, 100, 111); Sao Tome and Principe (Conventions Nos. 87, 88, 98, 111, 144, 159); Serbia and Montenegro (Conventions Nos. 29, 98, 100, 102, 121, 122, 129, 135, 138); Seychelles (Conventions Nos. 87, 98, 100, 111, 151); Solomon Islands (Conventions Nos. 8, 14, 16, 26, 29, 81, 95); Sweden (Conventions Nos. 120, 128, 139, 155, 159, 161, 162, 167, 170); Tajikistan (Conventions Nos. 14, 29, 47, 52, 77, 78, 87, 95, 98, 100, 103, 115, 122, 124, 126, 138, 142, 159, 160); The former Yugoslav Republic of Macedonia (Conventions Nos. 87, 98); Trinidad and Tobago (Conventions Nos. 87, 98, 100, 111, 144, 159); United Kingdom: Isle of Man (Conventions Nos. 98, 122), Montserrat (Conventions Nos. 26, 29, 95); Yemen (Conventions Nos. 98, 100, 111, 122, 132, 135, 138, 144, 159); Zambia (Conventions Nos. 87, 98, 111, 122, 136, 144, 148, 149, 159, 173).

Endnote 8

ILO: Handbook of procedures relating to international labour Conventions and Recommendations, Geneva, Rev.2/1998, para. 54(k). These comments appear in the CD-ROM version of the ILOLEX database.

Endnote 9

Convention No. 13: Senegal; Convention No. 16: Saint Vincent and the Grenadines; Convention No. 17: Myanmar; Convention No. 18: Sao Tome and Principe; Convention No. 22: New Zealand; Convention No. 24: Peru; Convention No. 25: Peru; Convention No. 26: Guinea, Myanmar; Convention No. 27: Angola; Convention No. 29: Denmark, Dominican Republic, Guyana; Convention No. 30: Panama; Convention No. 32: Algeria; Convention No. 55: Peru; Convention No. 56: Peru; Convention No. 62: Algeria; Convention No. 71: Peru; Convention No. 77: Ecuador, Nicaragua; Convention No. 78: Cameroon, Ecuador; Convention No. 87: Myanmar, Venezuela; Convention No. 88: Nigeria, United Republic of Tanzania Tanganyika, Turkey; Convention No. 89: India; Convention No. 94: Central African Republic, Ghana; Convention No. 95: Congo, Costa Rica, Libyan Arab Jamahiriya, Poland, Zambia; Convention No. 96: Swaziland, Turkey; Convention No. 97: Spain; Convention No. 101: Netherlands; Convention No. 102: Libyan Arab Jamahiriya, Peru; Convention No. 106: Colombia; Convention No. 107: India, Pakistan; Convention No. 115: Turkey; Convention No. 118: Libyan Arab Jamahiriya; Convention No. 120: Senegal; Convention No. 121: Chile, Libyan Arab Jamahiriya; Convention No. 122: Kyrgyzstan; Convention No. 127: Tunisia; Convention No. 128: Libyan Arab Jamahiriya, Netherlands; Convention No. 130: Libyan Arab Jamahiriya; Convention No. 131: Uruguay; Convention No. 137: United Republic of Tanzania; Convention No. 140: Guinea; Convention No. 142: Ecuador; Convention No. 144: Guinea, Pakistan, Slovakia; Convention No. 155: Netherlands; Convention No. 158: Gabon; Convention No. 159: Kyrgyzstan; Convention No. 162: Uganda; Convention No. 169: Argentina, Bolivia, Fiji, Paraguay, Venezuela; Convention No. 174: Netherlands. Requests for advanced reports are also contained in a number of direct requests.

Endnote 10

After the first report, subsequent reports are requested every two years for the priority Conventions and every five years for other Conventions (doc. GB.258/6/19).

Endnote 11

Convention No. 29: Sudan; Convention No. 77: Ecuador; Convention No. 78: Ecuador.

Endnote 12

Information on observations made by employers' and workers' organizations on the application of Conventions received during the current year is available on the ILO web site:

http://webfusion.ilo.org/public/db/standards/normes/appl/index.cfm .

Endnote 13

See the report in Part III(1B) regarding the General Survey.

Endnote 14

ILO: Report III (Part 1B), ILC, 93rd Session, 2005.


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