General Report of the Committee of Experts on the Application of Conventions and Recommendations, 2007


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Session of the Conference:96
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Document No. (ilolex): 042007

Part I. General Report

I. Introduction

1. The Committee of Experts on the Application of Conventions and Recommendations, appointed by the Governing Body of the International Labour Office to examine the information and reports submitted under articles 19, 22 and 35 of the Constitution by States Members of the International Labour Organization on the action taken with regard to Conventions and Recommendations, held its 77th Session in Geneva from 21 November to 8 December 2006. The Committee has the honour to present its report to the Governing Body.

2. The composition of the Committee is as follows: Mr Mario ACKERMAN (Argentina), Mr Anwar Ahmad Rashed AL FUZAIE (Kuwait), Mr Denys BARROW, SC (Belize), Ms Janice R. BELLACE (United States), Mr Lélio BENTES CORRÊA (Brazil), Mr Michael Halton CHEADLE (South Africa), Ms Laura COX, QC (United Kingdom), Ms Blanca Ruth ESPONDA ESPINOSA (Mexico), Mr Abdul G. KOROMA (Sierra Leone), Ms Robyn A. LAYTON, QC (Australia), Mr Pierre LYON CAEN (France), Mr Sergey Petrovitch MAVRIN (Russian Federation), Ms Angelika NUSSBERGER, MA (Germany), Ms Ruma PAL (India), Mr Miguel RODRIGUEZ PIÑERO Y BRAVO FERRER (Spain), Mr Amadou SÔ (Senegal), Mr Budislav VUKAS (Croatia), Mr Yozo YOKOTA (Japan). Appendix I of the General Report contains brief biographies of all the Committee members.

3. Mr Mavrin and Mr Vukas have served the Committee for eight and 21 years respectively. Mr Mavrin informed the Committee that he would not seek a renewal of his mandate which was due to expire at the end of the year. The mandate of Mr Vukas exceeds 15 years. The Committee would like to express its great appreciation for the outstanding manner in which both experts have carried out their duties, throughout their service on the Committee.

4. During its session, the Committee welcomed Mr Lélio Bentes Corrêa, nominated by the Governing Body during its 296th Session (June 2006), together with Mr Koroma and Ms Pal, who were nominated in November 2005 and who were participating in the Committee's work for the first time. The Committee noted that a former member of the secretariat for many years, Mr Lee Swepston, is due to retire and wishes to express its sincere appreciation for his contribution to the work of the Committee over the years.

5. The Committee was deeply saddened to learn of the death, on 3 June 2006, of Mr Edilbert Razafindralambo, former member and Reporter of the Committee. All those who had the privilege of knowing or working with Mr Razafindralambo will remember him as a brilliant, generous and profoundly humane individual who worked tirelessly throughout his life with numerous international bodies for the promotion of human rights, labour rights and the international rule of law. He will also be remembered as a talented lawyer who dedicated 40 years of his working life to the defence and promotion of ILO values. The Committee wishes to express the esteem and friendship which those of its members who knew him felt for Mr Razafindralambo, as well as its gratitude for the devotion and competence he brought to the cause of international labour standards.

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

80th anniversary of the Committee of Experts

7. This year marked the 80th anniversary of the decision to create the Committee of Experts and the Conference Committee on the Application of Standards taken by the International Labour Conference in 1926. To celebrate this anniversary a colloquium was organized by the Office under the guidance of the Committee of Experts. The colloquium was entitled "Protecting Labour Rights as Human Rights: Present and Future of International Supervision". More specifically the colloquium was articulated around four discussion themes: the institutional framework for monitoring state compliance with social and economic rights; issues and dilemmas concerning the revision of working methods and the evaluation of impact; international supervision at the time of institutional reform; and future approaches to international regulation and supervision. Two panel discussions were also organized on the effectiveness of international supervision in the field of economic and social rights and the quest for new compliance tools.

8. Guest speakers included eminent judges and academics, some serving on UN human rights treaty bodies or other organs related to human rights protection. These guest speakers were: Mr Judge Thomas Buergenthal (International Court of Justice), Ms Christine Chinkin (London School of Economics, United Kingdom), Mr Simon Deakin (University of Cambridge, United Kingdom), Mr Emmanuel Decaux (University of Paris II, France), Mr Doudou Diène (UN Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance), Mr Adrián Goldin (University of San Andrés, Argentina), Mr Bob Hepple (University of Cambridge, United Kingdom), Mr Brian Langille (University of Toronto, Canada), Ms Jutta Limbach (Goethe Institut, Germany), Mr Giorgio Malinverni (University of Geneva, Switzerland), Ms Tonia Novitz (University of Bristol, United Kingdom), Mr Judge Fatsah Ouguergouz (African Court on Human and Peoples' Rights), Mr Eibe Riedel (Vice-Chairperson of the United Nations Committee of Economic, Social and Cultural Rights), Mr Charles Sabel (Columbia Law School, United States), Mr Linos-Alexandre Sicilianos (University of Athens, Greece), Mr Rodolfo Stavenhagen (UN Special Rapporteur on the human rights and fundamental freedom of indigenous peoples), Ms Brigitte Stern (University of Paris I, France) and Mr Andrzej Marian Swiatkwoski (University of Kracow, Poland).

9. The two-day event ended with an official dinner, kindly offered by the Friedrich-Ebert-Stiftung, in which Ms Ruth Dreifuss, former Federal Councillor and former President of the Swiss Confederation, delivered the keynote speech. An exhibition entitled "A peerless heritage, 1926–2006" was also organized putting on display photos, documents and other archive material relating to the establishment, functioning and membership of the Committee. The International Labour Standards Department will publish the proceedings of the colloquium in a commemorative volume to appear in the first quarter of 2007.

10. The colloquium offered an opportunity for a rich exchange on the challenges currently facing most international supervisory organs in the field of human rights. There were discussions on report-based systems and complaints-based systems. The discussions focused on the differences inherent in these two systems and the importance of striking an appropriate balance between them to ensure the greatest impact on the ground and so that they maintain an important and relevant influence on actual compliance with international norms. The problems of rationalizing working methods, increasing capacity and enhancing visibility and impact were a serious concern shared by all. Particular concern was raised about recent attempts to limit the independence of various bodies and mechanisms within the UN system. Ongoing reforms, or reform proposals, both within and outside the UN system, focused on ways to achieve improved quality and timely reporting, better coordination among expert bodies, more efficient use of limited resources, increased access to individuals and more systematic offer of collaborative action as a compliance-inducing technique. An interactive discussion revolved around self-regulation and voluntary compliance schemes and the impact they had on binding norms. As regards future ILO standard-setting activities, some suggested that greater use could be made of framework instruments. Overall, the participants hailed the ILO system of regular supervision, based on the complementary action of the Committee of Experts and the Conference Committee, as an enduring model.

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 on the Application of Standards into full consideration, not only in respect of general matters concerning standard-setting activities and supervisory procedures, but also in respect of specific matters concerning the way in which States fulfil their standards-related obligations. In this context, the Committee again welcomed the participation of its Chairperson as an observer in the general discussion of the Committee on the Application of Standards of the 95th Session of the International Labour Conference (May–June 2006). It noted the request by the abovementioned Committee for the Director-General to renew this invitation for the 96th Session of the Conference (May–June 2007). The Committee of Experts has accepted this invitation.

12. The Chairperson of the Committee of Experts once again invited the Employer and Worker Vice- Chairpersons of the Committee on the Application of Standards of the 95th Session of the International Labour Conference (Mr Edward Potter and Mr Luc Cortebeeck respectively) to participate in a special sitting of the Committee at its present session. Both accepted this invitation and discussed matters of mutual interest with the Committee. The new interactive format for this sitting used for the first time this year was welcomed by all. The Committee of Experts had thus an in-depth discussion with the two Vice- Chairpersons on the following three items: (1) the draft Readers' note to be inserted at the beginning of the Committee of Experts' report; (2) the number of special notes at the end of the comments, on the basis of which the Committee of Experts requests the governments to provide comprehensive information to the Conference; and (3) the insertion in the General Report of a section on highlights and major trends in the application of international labour standards. The two Vice-Chairpersons provided remarks on the draft Readers' note, which have been taken into account by the Committee of Experts when adopting the final text. While bearing in mind the concerns raised in respect of the number of special notes (double footnotes) used in the Committee of Experts' report last year, its members emphasized their role as an independent, apolitical body and considered that their task was to strictly apply the criteria, which they had set out at their 76th Session. As for the appropriateness of a section on highlights and major trends, many members considered that the Committee was well placed to draw attention to such matters and the discussion revolved around the various ways in which this information could be presented in its report. The three items discussed during the special sitting were again taken up by the Committee of Experts during a plenary sitting. The members of the Committee of Experts and the two Vice-Chairpersons also exchanged views on the subject of including a country-based approach for the purpose of supervising the application of ratified Conventions, including the advantages and disadvantages of such an approach. They agreed that such an approach deserves a more in-depth discussion taking into account the constitutional obligation deriving from article 22 and the capacity of the International Labour Standards Department to carry out such a task. For the next session of the Committee, an invitation will once again be made to the Employer and Worker Vice-Chairpersons of the Committee on the Application of Standards of the 96th Session of the Conference.

Working methods

13. As was the case last year and in view of the time that had to be devoted to the celebration of its 80th anniversary, issues relating to its working methods were taken forward by the Committee in plenary sessions instead of in the Subcommittee on Working Methods. In addition to the discussion it had during the special sitting with the two Vice-Chairpersons of the Committee on the Application of Standards, the Committee had a discussion on the issue concerning observations made by employers' and workers' organizations with a view to giving guidance to the secretariat for the preparation of its work next year. the Subcommittee on Working Methods will continue to review the working methods and any pending matters during the next session of the Committee.

II. Compliance with obligations

14. The Committee recalls that, at the instigation of the Committee on the Application of Standards at the 93rd Session of the International Labour Conference, the two committees, with the assistance of the Office, strengthened the follow-up given to cases of serious failure by member States to fulfil reporting and other standards-related obligations, so as to enable appropriate solutions to be identified, insofar as is possible, for each case. As both committees have recalled on numerous occasions, such failures to report hinder the functioning of the supervisory system, since this system is based primarily on the information provided by governments. Therefore, in cases where a report has not been submitted for a number of years, which are the most serious cases, the supervision of the application of ratified Conventions often cannot begin, is suspended or does not have the benefit of the government's views and explanations.

15. The Committee notes that it appears from various sources of information (discussions of the Committee on the Application of Standards, governments' replies to the Office's letters, and information from subregional offices), that, in the majority of cases, the reasons for such failures to report are institutional, in particular the lack of resources (both material and human) of the national authorities responsible for sending reports, and staff who are insufficiently trained or who need to be regularly updated in respect of supervisory procedures. The Committee, like the Conference Committee on the Application of Standards, wishes to emphasize the vital role played in this regard by specialists in standards-related issues from subregional offices. The Committee notes that member States which fail to fulfil their obligations often belong to a subregion covered by an ILO office that does not have, or no longer has, at its disposal the services of such a specialist.

16. This year, in the light of the Committee's discussions, the Office has sent specific follow-up letters to 49 member States (53 in 2005). These cases were mentioned in the relevant paragraphs of the report of the Conference Committee on the Application of Standards. The letters drew the attention of the governments concerned to specific failures and requested them, where appropriate, to identify in practical terms the difficulties they faced in fulfilling their obligations, so that the Office could at least provide them with useful suggestions on how to remedy such difficulties. The Committee notes that out of the 49 member States concerned, 33, therefore over half, had already been mentioned for at least the same failures in the 2005 report of the Conference Committee on the Application of Standards. The Committee notes that the subregional offices were requested to contact these 33 member States on a priority basis, and to provide them with technical assistance. The Committee notes that, in response to this request, certain specialists in standards-related issues have, with the support of national correspondents where possible, actively given their assistance to the governments concerned.

17. The Committee notes that eight member States (three in 2005) have sent replies to the Office's letter: Armenia, Burundi, Comoros, Djibouti, Iraq, The former Yugoslav Republic of Macedonia, Turkmenistan and Zambia. With the exception of Burundi, which has sent the first report due, all these member States have requested the Office's technical assistance. This technical assistance has already been provided in the case of Armenia and will soon be provided in the cases of Comoros and Zambia. The Committee is grateful to these governments for their replies to the Office's letter. Moreover, the Committee has been informed that in the light of the discussions of the Conference Committee on the Application of Standards, other member States have fulfilled, partly or in full, their reporting and other standards-related obligations. (Note_1) Finally, the Committee welcomes the special efforts made this year by certain member States to submit all the reports due, or a large part of these reports, after several years of interruption. (Note_2)

18. The Committee reminds the governments that they are required to comply with all the reporting and other standards-related obligations that they accepted upon becoming Members of the ILO. The governments that request technical assistance may indeed benefit from it, yet such assistance is only useful if it focuses on the specific difficulties faced. In order for such assistance to be appropriate and effective, governments must be prepared to inform the Office of the specific obstacles they are encountering to the fulfilment of their reporting obligations. (Note_3)

Reports on ratified Conventions

articles 22 and 35 of the Constitution)

A. Supply of reports

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

20. In accordance with the changes in the reporting system adopted by the Governing Body in November 2001 and March 2002, (Note_4) 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 grouped together and addressed simultaneously to each country. (Note_5) 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 the English alphabetical order, the first 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 (Note_6) (for a list of subject matters see page v).

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

(a) a first detailed report was due after ratification;

(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 were expressly requested by the Conference Committee on the Application of Standards.

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

Reports requested and received

22. A total of 2,586 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, 1,719 of these reports had been received by the Office. This figure corresponds to 66.47 per cent of the reports requested, compared with 69 per cent last year.

23. In addition, 353 reports were requested on Conventions declared applicable with or without modifications to non-metropolitan territories (article 35 of the Constitution). Of these, 239 reports, or 67.71 per cent, had been received by the end of the Committee's session, in comparison with 72.01 per cent last year.

24. The Committee notes with regret that in spite of the special efforts made by the Office, the total number of reports received this year is lower than the total number received last year. Appendix I of this 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 of Experts and by the date of the session of the International Labour Conference.

25. 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, has written to the governments concerned asking them to supply the necessary texts to enable the Committee to fulfil its task.

Compliance with reporting obligations

26. Most of the governments from which reports were due on the application of ratified Conventions have supplied most or all of the reports requested (see Appendix I). However, no reports due have been received for the past two or more years from the following 14 countries: Cambodia, Congo, Denmark – Faeroe Islands, Iraq, Liberia, Saint Kitts and Nevis, Saint Lucia, San Marino, Sao Tome and Principe, The former Yugoslav Republic of Macedonia, Togo, Turkmenistan, United Kingdom – Montserrat, United Kingdom – St. Helena, Uzbekistan. In addition, all or the majority of the reports due this year have not been received from the following 40 countries: Albania, Antigua and Barbuda, Armenia, Belize, Bolivia, Bosnia and Herzegovina, Botswana, Cape Verde, Comoros, Cyprus, Democratic Republic of the Congo, Denmark – Greenland, Djibouti, Dominica, Equatorial Guinea, Eritrea, Estonia, France – French Guiana, France – French Southern and Antarctic Territories, France – Martinique, Gambia, Haiti, Indonesia, Islamic Republic of Iran, Jordan, Kiribati, Republic of Korea, Kyrgyzstan, Malawi, Mongolia, Papua New Guinea, Russian Federation, Serbia, Sierra Leone, Solomon Islands, Somalia, Swaziland, Tajikistan, Thailand, Trinidad and Tobago, Uganda, United Kingdom – Anguilla.

27. 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 and subregional offices, can help the government to overcome such difficulties.

Late reports

28. The Committee is still concerned at the number of reports being received after the prescribed time period, especially given the large number of reports received each 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 setting this date, to the time required to translate the reports, where necessary, to conduct research into legislation and other documents necessary for the examination of reports and legislation.

29. The supervisory procedure can function adequately 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.

30. 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 2006, the proportion of reports received was only 28.81 per cent. Even though this percentage is slightly higher than at its previous session (26.38 per cent), the Committee is still concerned about it, 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 due to the lack of time. 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 may well continue to increase with the success of the ratification campaign on fundamental Conventions and an increase in the number of ratifications of other Conventions.

31. Furthermore, the Committee notes that a number of countries sent some or all of the reports due by 1 September 2005 on ratified Conventions during the period between the end of the Committee's December 2005 session and the beginning of the June 2006 session of the International Labour Conference, or even during the Conference. (Note_7) 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 2005–06, as requested by the Conference Committee on the Application of Standards: Afghanistan (Conventions Nos. 13, 14, 41, 45, 95, 100, 105, 106, 111, 137, 139, 140, 141, 142); Bahamas (Conventions Nos. 22, 100, 111, 144, 147, 182); Barbados (Conventions Nos. 22, 74, 87, 98, 100, 108, 111, 115, 122, 144); Bosnia and Herzegovina (Convention No. 81); Botswana (Conventions Nos. 87, 98, 100, 138, 144); Burkina Faso (Conventions Nos. 13, 87, 98, 100, 111, 144, 159, 161); Burundi (Conventions Nos. 62, 81, 89, 94, 98, 100, 111, 135, 144, 182); Chad (Conventions Nos. 13, 98, 100, 111, 144); Chile (Conventions Nos. 2, 13, 87, 98, 100, 111, 121, 122, 127, 136, 144, 159, 161, 162); Comoros (Conventions Nos. 13, 98); Côte d'Ivoire (Conventions Nos. 13, 45, 81, 87, 96, 98, 100, 111, 129, 136, 144); Democratic Republic of the Congo (Conventions Nos. 14, 29, 81, 87, 88, 98, 100, 102, 111, 150); Denmark (Conventions Nos. 142, 155); France (Conventions Nos. 88, 96, 148); France – Guadeloupe (Conventions Nos. 13, 45, 62, 87, 98, 100, 111, 115, 120, 136, 144); Ghana (Conventions Nos. 87, 92, 100, 105, 111, 120, 148); Grenada (Conventions Nos. 8, 14, 16, 29, 81, 87, 98, 100, 105, 108, 111, 138, 144, 182); Guinea (Conventions Nos. 62, 120, 133, 138, 139, 140, 150, 182); Guyana (Conventions Nos. 29, 45, 81, 87, 98, 100, 105, 108, 111, 115, 129, 135, 136, 138, 139, 144, 150, 151, 166, 182); Kazakhstan (Conventions Nos. 29, 81, 87, 88, 98, 105, 111, 122, 129, 135, 138, 144, 148, 155, 182); Republic of Korea (Conventions Nos. 81, 150, 182); Lao People's Democratic Republic (Conventions Nos. 13, 29); Luxembourg (Conventions Nos. 55, 56, 81); Madagascar (Conventions Nos. 13, 29, 81, 138); Malta (Conventions Nos. 8, 16, 22, 29, 53, 73, 74, 81, 105, 108, 129, 138, 180, 182); Netherlands – Aruba (Conventions Nos. 8, 9, 22, 23, 29, 69, 74, 81, 87, 88, 105, 122, 135, 138, 144, 145, 146, 147); Netherlands – Netherlands Antilles (Conventions Nos. 8, 9, 22, 23, 29, 58, 69, 74, 81, 105); Pakistan (Conventions Nos. 16, 22); Panama (Conventions Nos. 138, 182); Paraguay (Conventions Nos. 1, 29, 30, 52, 79, 81, 87, 89, 90, 98, 100, 111, 119, 120, 122, 159, 182); Seychelles (Convention No. 8); Slovenia (Convention No. 147); Swaziland (Conventions Nos. 29, 138); United Republic of Tanzania (Conventions Nos. 16, 138); United Republic of Tanzania – Tanganyika (Conventions Nos. 81, 108); Thailand (Conventions Nos. 29, 105, 182); Trinidad and Tobago (Conventions Nos. 16, 29, 105, 147, 182); Uganda (Conventions Nos. 17, 26, 81, 105, 123, 143, 159, 182); Ukraine (Conventions Nos. 23, 69, 108, 133, 147); United Kingdom – Bermuda (Convention No. 98); United Kingdom – British Virgin Islands (Convention No. 8); United Kingdom – Falkland Islands (Malvinas) (Conventions Nos. 8, 22, 23, 29, 58, 105, 108); United States (Conventions Nos. 53, 55, 105, 160, 182); United States – American Samoa (Conventions Nos. 53, 55); United States – Guam (Conventions Nos. 53, 55); United States – Puerto Rico (Conventions Nos. 53, 55); United States – United States Virgin Islands (Conventions Nos. 53, 55); Viet Nam (Conventions Nos. 81, 182); Zambia (Conventions Nos. 95, 103, 105, 117, 122, 138, 141, 173).

Supply of first reports

32. A total of 60 of the 179 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 105 of the 200 first reports due 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 for a certain number of years from the following 17 member States:

– since 1992: Liberia (Convention No. 133);

– since 1995: Armenia (Convention No. 111), Kyrgyzstan (Convention No. 133);

– since 1996: Armenia (Conventions Nos. 100, 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);

– since 2002: Bosnia and Herzegovina (Convention No. 105), Gambia (Conventions Nos. 29, 105, 138), Saint Kitts and Nevis (Conventions Nos. 87, 98, 100), Saint Lucia (Conventions Nos. 154, 158, 182);

– since 2003: Bosnia and Herzegovina (Convention No. 182), Dominica (Convention No. 182), Gambia (Convention No. 182), Iraq (Conventions Nos. 172, 182), Serbia (Conventions Nos. 27, 113, 114);

– since 2004: Antigua and Barbuda (Conventions Nos. 122, 131, 135, 142, 144, 150, 151, 154, 155, 158, 161, 182); Dominica (Conventions Nos. 144, 169); The former Yugoslav Republic of Macedonia (Convention No. 182); and

– since 2005: Albania (Conventions Nos. 174, 175, 176), Antigua and Barbuda (Convention No. 100), Armenia (Conventions Nos. 17, 98), Côte d'Ivoire (Convention No. 138), Kyrgyzstan (Conventions Nos. 150, 154), Liberia (Conventions Nos. 81, 144, 150, 182), Serbia (Conventions Nos. 8, 16, 22, 23, 53, 56, 69, 73, 74), The former Yugoslav Republic of Macedonia (Convention No. 105), Uganda (Convention No. 138).

33. The Committee, like the Conference Committee on the Application of Standards, wishes to emphasize the importance of first reports. They provide the basis on which the Committee makes its initial assessment of the observance of ratified Conventions. The Committee urges the governments concerned to make a special effort to supply these reports.

Replies to the comments of the supervisory bodies

34. 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 Office has written to all the governments which failed to provide such replies, requesting them to supply the necessary information. Of the 44 governments to which such letters were sent, only 13 have provided the information requested.

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

(a) 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.

36. In all there were 415 cases of no response (concerning 47 countries). (Note_8) There were 385 such cases (concerning 46 countries) last year. Under these conditions, the Committee is bound to repeat the observations or direct requests already made on the Conventions in question.

37. 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 on the Application of Standards. The Committee cannot overemphasize the importance of ensuring the dispatch of the reports and replies to its comments.

B. Examination of reports

38. In examining the reports received on ratified Conventions and Conventions declared applicable to non- metropolitan territories, in accordance with its normal 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 the Committee in plenary sitting for discussion and approval. Decisions on comments are adopted by consensus.

Observations and direct requests

39. In many cases, the Committee has found that no comment is called for regarding the manner 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 Committee's report, but are communicated directly to the governments concerned. (Note_9)

40. 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 encountered 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. (Note_10) Under the present reporting cycle, (Note_11) which applies to most Conventions, such early reports have been requested after an interval of either one or two years, according to the circumstances. In some instances, the Committee has also requested the government to supply full particulars to the Conference at its next session in May–June 2007. (Note_12) In addition, in certain cases, the Committee has requested governments to furnish detailed reports when simplified reports would otherwise be due.

41. In order to identify cases for which it inserts special notes, the Committee uses the basic criteria described below, while taking into account the following three general considerations. First, these criteria are indicative. In exercising its discretion in the application of these criteria, the Committee may also have regard to the specific circumstances of the country and the length of the reporting cycle. Second, these criteria are applicable to cases in which an earlier report is requested, often referred to as a "single footnote", as well as to cases in which the government is requested to provide detailed information to the Conference, often referred to as a "double footnote". The difference between these two categories is one of degree. Finally, a serious case otherwise justifying a special note to provide full particulars to the Conference (double footnote) might only be given a special note to provide an early report (single footnote) when there has been a recent discussion of that case in the Conference Committee on the Application of Standards.

42. The criteria to which the Committee will have regard are the following:

– the seriousness of the problem; in this respect, the Committee emphasizes that an important consideration is the necessity to view the problem in the context of a particular Convention and to take into account matters involving fundamental rights, workers' health, safety and well-being as well as any adverse impact, including at the international level, on workers and other categories of protected persons;

– the persistence of the problem;

– the urgency of the situation; the evaluation of such urgency is necessarily case-specific, according to standard human rights criteria, such as life-threatening situations or problems where irreversible harm is foreseeable; and

– the quality and scope of the government's response in its reports or the absence of response to the issues raised by the Committee, including cases of clear and repeated refusal on the part of a State to comply with its obligations.

43. At its 76th Session (November–December 2005), the Committee decided that the identification of cases in respect of which a government is requested to provide detailed information to the Conference would be a two-stage process: first, the expert initially responsible for a particular group of Conventions recommends to the Committee the insertion of special notes; in light of all the recommendations made, the Committee will then take a final, collegial decision once it has reviewed the application of all the Conventions.

44. 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 Appendix VII.

Practical application

45. It is customary for the Committee to note the information contained in the governments' reports allowing it to appreciate the application of the Conventions in practice, such as information relating to judicial decisions, statistics and labour inspection. The supply of this information is requested in almost all report forms, as well as the specific terms of some Conventions. 46. The Committee notes that 469 reports received this year contain information on the practical application of Conventions. Of these, 64 reports contain information on national jurisprudence. Such information has been communicated mostly concerning fundamental Conventions. The Committee also notes that 405 of the reports contain information on statistics and labour inspection. The majority of this information relates to Conventions concerning the elimination of child labour (Nos. 138 and 182), equality and opportunity of treatment (Nos. 100 and 111), labour inspection (No. 81) and employment policy (No. 122).

47. The Committee must stress to governments the importance of submitting such information, since it is indispensable for completing the examination of national legislation and for helping the Committee to identify the issues arising from real problems of application in practice. The Committee also wishes to encourage employers' and workers' organizations to submit clear and up to date information on the application of the Conventions in practice.

Cases of progress

48. Following its examination of the reports supplied by governments, and in accordance with its standard practice, the Committee refers in its comments to cases in which it expresses its satisfaction or interest at the progress achieved in the application of the respective Conventions. Over the years, the Committee has developed a general approach, described below, concerning the identification of cases of progress. First, the Committee emphasizes that an expression of progress can refer to different kinds of measures. In the final instance, the Committee will exercise its discretion in noting progress having regard in particular to the nature of the Convention as well as to the specific circumstances of the country.

49. Since first identifying cases of satisfaction in its report in 1964, (Note_13) the Committee has continued to follow the same general criteria. The Committee expresses satisfaction in cases in which, following comments it has made on a specific issue, governments have taken measures through, either the adoption of an amendment to the legislation or a significant change in the national policy or practice, thus achieving fuller compliance with their obligations under the respective Conventions. The reason for identifying cases of satisfaction is twofold: to place on record the Committee's appreciation of the positive action taken by governments in response to its comments, and to provide an example to other governments and social partners which have to address similar issues. In expressing its satisfaction, the Committee indicates to governments and the social partners that it considers the specific matter resolved. In so doing, the Committee must emphasize that an expression of satisfaction is limited to the particular issue at hand and the nature of the measure taken by the government concerned. Therefore, in the same comment, the Committee may express satisfaction on a particular issue, while raising other important issues which in its view have not been addressed in a satisfactory manner. Further, if the satisfaction relates to the adoption of legislation, the Committee may also consider appropriate follow-up on its practical application.

50. As regards the visibility and impact that cases of progress may have within the Organization, the Committee welcomed the discussion at the Conference Committee on the Application of Standards in June 2006 of the application of Convention No. 159 on vocational rehabilitation and employment (disabled persons) in Ireland, which permitted ILO member States to learn from an instructive case of good practice.

51. Details concerning these cases are to be found in Part II of this report and cover 71 instances in which measures of this kind have been taken in 48 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

96

Austria

81

Barbados

144

Belgium

105

Burkina Faso

6, 95

Burundi

111

Cameroon

182

Chad

29

Chile

127

China – Hong Kong Special Administrative Region

182

Colombia

169

Cyprus

162

Czech Republic

182

Denmark

129

Ecuador

77, 78, 81

Egypt

148

France

81

France – French Polynesia

129

Germany

167

Guatemala

11, 182

Jordan

120

Republic of Korea

81, 150

Kuwait

81

Latvia

87

Madagascar

129, 138

Malta

127, 136

Mauritania

29

Mauritius

42

Republic of Moldova

87

Netherlands

98

New Zealand

81, 160

Nigeria

87, 98

Norway

168

Panama

160

Paraguay

79, 90, 111, 115

Peru

81, 98

Portugal

102, 129

Qatar

182

Russian Federation

160

Saudi Arabia

111

Singapore

81

Spain

115

Sri Lanka

182

Sweden

121, 160

Switzerland

102, 128, 160

The former Yugoslav Republic of Macedonia

98

Ukraine

160

United Kingdom

42, 81

United Kingdom – Bermuda

147

United States

182

Uruguay

81, 129, 150

 

52. Thus the total number of cases in which the Committee has been led to express its satisfaction at the progress achieved following its comments has risen to 2,555 since the Committee began listing them in its report.

53. Within cases of progress, the distinction between cases of satisfaction and cases of interest was formalized in 1979. (Note_14) In general, cases of interest cover measures that are sufficiently advanced to justify the expectation that further progress would be achieved in the future and regarding which the Committee would want to continue its dialogue with the government and the social partners. This may include: draft legislation before parliament, or other proposed legislative changes not yet forwarded or available to the Committee; consultations within the government and with the social partners; new policies; the development and implementation of activities within the framework of a technical cooperation project or following technical assistance or advice from the Office. Judicial decisions, according to the level of the court, the subject matter and the force of such decisions in a particular legal system would normally be considered as cases of interest unless there was a compelling reason to note a particular judicial decision as a case of satisfaction. The Committee may also note as cases of interest progress made by a State, province or territory in the framework of a federal system. The Committee's practice has developed to such an extent that cases in which it expresses interest may now also encompass a variety of new or innovative measures which have not necessarily been requested by the Committee. The paramount consideration is that the measures contribute to the overall achievement of the objectives of a particular Convention.

54. Details concerning the cases in question are to be found either in Part II of this report or in the requests addressed directly to the governments concerned and, include 325 instances in which measures of this kind have been adopted in 113 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.

Afghanistan

141

Algeria

62, 77, 142

Angola

81

Argentina

26, 111, 169, 182

Australia

111, 123

Austria

182

Azerbaijan

160

Bangladesh

81

Belarus

77, 87, 182

Belgium

94, 182

Belize

81

Bolivia

81, 100, 111, 159, 182

Brazil

88, 100, 111, 174

Burundi

111

Cameroon

182

Canada

111, 182

Chile

111, 136, 138, 159, 182

China

182

China – Hong Kong Special Administrative Region

148, 182

China – Macau Special Administrative Region

138, 182

Colombia

6, 111, 169

Comoros

13

Costa Rica

81, 88, 95, 111

Cuba

77, 78, 79, 81, 138, 148

Cyprus

95, 111, 155

Czech Republic

77, 90, 100, 148, 155

Democratic Republic of the Congo

95, 111

Denmark

100, 111, 139, 155, 167

Denmark – Greenland

5, 6

Dominican Republic

119, 138, 167, 182

Ecuador

81, 111, 123, 138, 159, 169, 182

Egypt

62, 81, 129, 138, 148, 182

El Salvador

81, 111, 129, 138, 159, 182

Finland

100, 111, 119, 120, 148, 155, 161, 167, 182

France

42, 62, 98, 129, 139, 182

France – French Polynesia

13, 81

France – Guadeloupe

111, 129

France – Réunion

81

Gabon

182

Germany

111, 139, 161, 167

Ghana

88, 111, 117, 148

Greece

111

Grenada

81

Guatemala

59, 77, 111, 112, 138, 167, 169, 182

Guinea

62, 182

Guyana

111, 138, 182

Honduras

81

Hungary

77, 111, 115, 155, 161

Iceland

155, 182

India

5, 141

Indonesia

100, 111

Ireland

111, 155, 182

Israel

77

Italy

111, 139, 182

Jamaica

81, 111

Japan

100, 156

Jordan

129

Kazakhstan

182

Kenya

19, 81

Republic of Korea

81, 150, 182

Kuwait

119

Kyrgyzstan

81

Lao People’s Democratic Republic

13

Latvia

81, 160

Libyan Arab Jamahiriya

14

Lithuania

87, 100

Luxembourg

8, 108, 150

Madagascar

98, 129, 138

Malawi

129, 182

Malaysia – Peninsular Malaysia

17

Mauritania

81

Mauritius

150, 160

Mexico

115, 150, 164

Republic of Moldova

81, 100, 111, 129

Mongolia

111

Netherlands

160

New Zealand

29, 81, 134

Nicaragua

17, 24, 144

Niger

138, 182

Nigeria

87

Norway

100, 156, 167, 176, 178

Oman

182

Pakistan

22

Panama

81, 108, 160

Paraguay

79, 81, 90, 169

Peru

71, 81, 102

Portugal

81, 102, 158

Qatar

182

Romania

9, 108

Russian Federation

115, 160

Saudi Arabia

81

Serbia

98, 111

Singapore

8, 81

Slovakia

115

Slovenia

81, 111, 129, 158, 161

Solomon Islands

81

South Africa

63

Spain

62, 100, 102, 111, 115, 136, 147, 155, 156, 160

Sri Lanka

111, 138

Sudan

81

Swaziland

87, 98

Sweden

119, 139, 145, 148, 155, 160, 161, 167, 174

Switzerland

168

Syrian Arab Republic

129

United Republic of Tanzania

16, 63, 138, 170

The former Yugoslav Republic of Macedonia

87

Tunisia

81

Turkey

81, 87, 102

Uganda

159

Ukraine

87, 95, 98

United Arab Emirates

81

United Kingdom

68, 81, 98, 100, 111

United Kingdom – Bermuda

147

United Kingdom – British Virgin Islands

8

United Kingdom – Falkland Islands (Malvinas)

8

United Kingdom – Gibraltar

160

United Kingdom – Isle of Man

22

United Kingdom – Jersey

81

United States

160, 182

Uruguay

29, 63, 81, 98, 111, 129, 131, 133, 134, 138, 150

Bolivarian Republic of Venezuela

3, 81, 87, 127, 139

Viet Nam

182

Yemen

87, 98, 111

Zambia

111

Zimbabwe

81, 98, 129, 150

 

Role of employers' and workers' organizations

55. 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.

Observations made by employers' and workers' organizations

56. Since its last session, the Committee has received 518 observations (compared to 577 last year), 27 of which were communicated by employers' organizations and 491 by workers' organizations. The Committee recalls the importance it attaches to this contribution by employers' and workers' organizations to the work of the supervisory bodies, which is essential for the Committee's evaluation of the application of ratified Conventions in law and in practice.

57. The majority of the observations received (515) relate to the application of ratified Conventions (see Appendix III). (Note_15) Some 382 of these observations relate to the application of fundamental Conventions and 133 concern the application of other Conventions. Moreover, three observations concern reports provided by governments under article 19 of the Constitution on the Forced Labour Convention, 1930 (No. 29) and the Abolition of Forced Labour Convention, 1957 (No. 105). (Note_16)

58. The Committee notes that, of the observations received this year, 386 were transmitted directly to the Office which in accordance with the practice established by the Committee, referred them to the governments concerned for comment. The Committee emphasizes that such observations should be received by the Office by 1 September at the latest to allow governments to have a reasonable time to respond, thereby enabling the Committee to examine the issues in question at its session in November the same year. Observations received later than 1 September will be examined by the Committee at its session the following year. In 132 cases, the governments transmitted the observations with their reports, sometimes adding their own comments.

59. The Committee also examined a number of other observations by employers' and workers' organizations, consideration of which had been postponed from its previous session because the observations of the organizations or the replies of the governments had arrived just before or just after the session. It again had to postpone until its next session, the examination of a number of observations, 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.

60. The Committee notes that in most cases the employers' and workers' organizations endeavoured to gather and present elements of law and fact on the application in practice of ratified Conventions. The Committee recalls that it is important for the organizations, when referring specifically to the Convention or Conventions deemed relevant, to provide detailed information that has real additional value with regard to the information provided by the governments and the issues addressed in the Committee's comments. Such information should help to update or renew the analysis of the application of Conventions and emphasize real problems concerning application in practice. The Committee hopes that the Office will provide adequate assistance in this regard to the organizations concerned.

61. The second part of this report contains most of the comments made by the Committee on cases in which the observations raised matters relating to the application of ratified Conventions. Where appropriate, other observations are examined in requests addressed directly to the governments.

Submission of instruments adopted by the Conference to the competent authorities

(article 19, paragraphs 5, 6 and 7, of the Constitution)

62. 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 Human Resources Development Recommendation, 2004 (No. 195), adopted by the Conference at its 92nd Session;

(b) additional information on the steps taken to submit to the competent authorities the instruments adopted by the Conference up to its 91st Session (2003);

(c) replies to the observations and direct requests made by the Committee at its 76th Session (November–December 2005).

63. The Committee took note of the decision adopted by the Governing Body at its 294th Session (November 2005) to place on the agenda of the 96th Session of the Conference (June 2007) an item on work in the fishing sector with a view to the adoption of a Convention supplemented by a Recommendation. As a result of that decision, the Director-General did not communicate to member States the authentic text of the Recommendation concerning work in the fishing sector adopted by the Conference on 16 June 2005 (93rd Session).

64. At its 94th (Maritime) Session (February 2006), the Conference adopted the Maritime Labour Convention, 2006. The 12-month period for submission of this instrument to the competent authorities ends on 23 February 2007, and the 18-month period, on 23 August 2007.

65. At its 95th Session (June 2006), the Conference adopted the Promotional Framework for Occupational Safety and Health Convention (No. 187) and Recommendation (No. 197) and the Employment Relationship Recommendation (No. 198). The 12-month period for submission to the competent authorities of Convention No. 187 and Recommendations Nos. 197 and 198 ends on 16 June 2007, and the 18-month period, on 16 December 2007.

66. Some governments have sent the Office information on the steps taken to submit to the competent authorities the instruments adopted at the 94th (Maritime) Session (February 2006) and the 95th Session (May–June 2006) of the Conference. Appendix IV to Part Two of the report contains a summary showing where the information has been supplied, the name of the competent authority to which the instruments adopted by the Conference at its 92nd, 94th and 95th Sessions were submitted, and the date of submission.

67. Other statistical information is to be found in Appendices V and VI of Part Two of the report. Appendix V, compiled from information sent by governments, shows where each member State stands in terms of its obligation to submit instruments adopted by the Conference to the competent authorities. Appendix VI shows the overall situation regarding the instruments adopted since the 51st Session (June 1967) of the Conference. The statistical data in Appendices V and VI are regularly updated by the competent branches of the Office and can be accessed via the Internet.

92nd Session

68. Recommendation No. 195, adopted by the Conference at its 92nd Session (2004), 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 17 June 2005 and 17 December 2005, respectively. In all, 18 governments have sent new information on the steps taken to submit Recommendation No. 195 to the authorities they consider competent: Australia, Austria, Barbados, Bulgaria, Burundi, China, Denmark, Guyana, India, Malawi, Netherlands, Portugal, Qatar, San Marino, South Africa, Switzerland, Thailand and United States.

69. On transmitting the authentic text of Recommendation No. 195 to governments, the Director-General reminded member States that had not yet ratified the Human Resources Development Convention, 1975 (No. 142), that they could examine both instruments – Convention No. 142 and Recommendation No. 195 – together, in the context of tripartite consultations relating to the ratification of the Convention and the acceptance of the Recommendation. In its General Survey of 2004, (Note_17) the Committee had the opportunity to examine the information sent by governments concerning the promotion of employment and the development of human resources.

Cases of progress

70. The Committee noted with interest the information sent in 2006 by the Governments of Burundi, Guinea- Bissau, Malawi and Mali, and welcomes the fact that instruments left in abeyance for several years have now been submitted to the National Assembly.

Special problems

71. To facilitate the work of the Committee on the Application of Standards, this report points out cases in which governments have provided no information on submission to the competent authorities of instruments adopted by the Conference for the last seven sessions or more. The "last seven sessions" time frame was deemed long enough to warrant inviting Government delegations to a special sitting of the Conference Committee so that they may account for the delays in submission.

72. The Committee notes that at the closure of its 77th Session, i.e. 8 December 2006, seven governments have sent no information on the submission to the competent authorities of the instruments adopted by the Conference at the last seven sessions (from the 86th to the 92nd) or more: Afghanistan, Haiti, Sierra Leone, Solomon Islands, Somalia, Turkmenistan and Uzbekistan. The Committee is aware that certain of these countries have been affected by exceptional circumstances for many decades and that they lack the appropriate institutions to discharge the obligation of submission.

73. Nevertheless, as the Committee has had occasion to point out in previous reports, the situation also gives rise to concern in many countries. There is a danger that many countries not mentioned in the previous paragraph may experience considerable difficulties, or even find it impossible to bring themselves up to date.

74. The Committee has identified the countries concerned in the observations published in this report and the instruments which have not been submitted are indicated in the statistical appendices. The Committee observes that around 60 countries have not yet submitted the instruments adopted by the Conference in at last seven sessions. Certain countries, however, should have no difficulties in fulfilling this constitutional obligation.

75. The Committee wishes to highlight that neither the parliaments nor civil society in these countries have been regularly informed of the existence of new instruments as they were adopted by the Conference, which defeats the real purpose of the obligation of submission. It therefore encourages the social partners to call upon governmental authorities to ensure that these instruments are submitted in practice to national parliaments.

76. The Committee has regularly 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. A thorough technical analysis and effective tripartite dialogue are necessary to any decision regarding the effect to be given at national level to instruments adopted by the Conference. The very fact of bringing these instruments regularly to the attention of parliamentary bodies also allows the democratically elected representatives to be made aware of the social issues dealt with by the Organization.

77. The Committee would therefore request the Office to launch an urgent appeal to the countries where there is delay in fulfilling this essential constitutional obligation and invites them to contact the Office with a view to finding ways of overcoming their difficulties. It hopes that the necessary steps will be taken by the government authorities and the social partners to ensure that every effort is made to submit to parliaments the instruments that have not yet been brought to their attention. It trusts that governments and the social partners will draw on the cases of progress mentioned by the Committee in previous reports and on the Office's experience.

Comments of the Committee and replies from governments

78. 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. Observations are made in cases where there has been no information for five or more sessions of the Conference. Furthermore, requests for additional information on other points have been addressed directly to a number of countries (see list of direct requests at the end of section III).

79. The Committee hopes that these 78 observations and 42 direct requests that it is addressing this year to governments will enable them better to discharge their constitutional obligation of submission and so contribute to the promotion of the standards adopted by the Conference.

80. As the Committee has already pointed out, it is important that governments should send the information and documents required by the questionnaire at the end of the Memorandum adopted by the Governing Body in March 2005. The Committee must receive, for examination, a summary or a copy of the documents submitting the instruments to the parliamentary bodies and be informed of the proposals made 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 competent authorities have taken a decision on them. The Office has to be informed of this decision as well as of the submission of instruments to parliament.

81. The Committee hopes to be able to note progress in this matter in its next report. It again reminds governments that they may seek technical assistance from the ILO, particularly through the standards specialists in the field.

Instruments chosen for reports under article 19 of the Constitution

82. In accordance with the decision taken by the Governing Body, (Note_18) governments were requested to supply reports under article 19 of the Constitution, on the Forced Labour Convention, 1930 (No. 29), and the Abolition of Forced Labour Convention, 1957 (No. 105).

83. A total of 25 reports were requested and 11 were received. (Note_19) This represents 44 per cent of the reports requested.

84. 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 Constitution has been received from the following 27 countries: Albania, Angola, Antigua and Barbuda, Armenia, Bosnia and Herzegovina, Cape Verde, Comoros, Congo, Democratic Republic of the Congo, Djibouti, Dominican Republic, Guinea, Guyana, Kazakhstan, Kiribati, Kyrgyzstan, Liberia, Sao Tome and Principe, Sierra Leone, Solomon Islands, Somalia, Tajikistan, The former Yugoslav Republic of Macedonia, Togo, Turkmenistan, Uganda, Uzbekistan.

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

86. Part III of this report (issued separately as Report III (Part 1B)) contains the General Survey on forced labour. 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 members of the Committee.

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

87. 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, the United Nations, certain specialized agencies and other intergovernmental organizations with which the ILO has entered into special arrangements for this purpose, are 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:

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

– Radiation Protection Convention, 1960 (No. 115): International Atomic Energy Agency (IAEA);

– Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117): FAO, United Nations, United Nations Centre for Human Rights and UNESCO;

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

– Rural Workers' Organizations Convention, 1975 (No. 141): FAO, United Nations and United Nations Centre for Human Rights;

– Human Resources Development Convention, 1975 (No. 142): UNESCO;

– Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143): United Nations, United Nations Centre for Human Rights, UNESCO and WHO;

– Nursing Personnel Convention, 1977 (No. 149): WHO;

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

B. United Nations treaties concerning human rights

88. The Committee emphasizes that international labour standards and the provisions of related United Nations human rights treaties are complementary and mutually reinforcing. It therefore welcomes the continuing cooperation between the ILO and the United Nations with regard to the application and supervision of the respective instruments.

89. The Committee notes the efforts made by the Office to provide written and oral information to United Nations treaty bodies on a regular basis, which ensures that these bodies continue to refer to international labour standards and to recommend measures that follow up on the Committee's comments. The Committee of Experts also continued to follow the work of the United Nations' treaty bodies and to take their comments into consideration where appropriate. As in previous years, this has particularly been the case in the areas of child labour, forced labour and discrimination.

90. The Committee's annual meeting with the United Nations Committee on Economic, Social and Cultural Rights took place in the context of the international colloquium held on the occasion of the 80th anniversary of the Committee of Experts (24–25 November 2006). Following the 2005 meeting between the two committees, during which the human right to social security was discussed, a member of the Committee of Experts and the Office participated in a day of general discussion convened by the Committee on Economic, Social and Cultural Rights on 15 May 2006 to prepare for the adoption of a general comment on this basic human right. Representatives of the International Organization of Employers (IOE) and the International Confederation of Free Trade Unions (ICFTU) participated as well in this debate. The Committee looks forward to continuing cooperation and dialogue with this committee in order to promote coherent international monitoring as a basis for action to enhance the enjoyment of economic, social and cultural rights at the national level.

C. European Code of Social Security and its Protocol

91. In accordance with the supervisory procedure established under article 74(4) of the Code, and the arrangements made between the ILO and the Council of Europe, the Committee of Experts examined 17 reports on the application of the European Code of Social Security and, as appropriate, its Protocol. It noted that the States parties to the Code and the Protocol continue to apply them in large measure. At the sitting in which the Committee examined the reports on the Code and its Protocol, the Council of Europe was represented by Ms Michèle Akip. The conclusions of the Committee regarding these reports will be sent to the Council of Europe for examination by the Committee of Experts on Standard-Setting Instruments in the Field of Social Security. Representatives of the ILO will participate next year as technical advisers in the meeting of this Committee, during which the Committee of Experts' conclusions will be examined.

92. This year, on the occasion of its 80th anniversary, the Committee undertook a review covering the last ten years (1995–2005) of the examination of the application of the Code and its Protocol. Within the framework of this examination which has been carried out for almost 40 years, the Committee has always strived to preserve a minimum level of social protection for workers at the regional level. In doing so, with its double responsibility both in respect of these two instruments and with regard to international labour standards relating to social security, notably Convention No. 102, the Committee sought to develop a coherent analysis of the application of European and international instruments and to coordinate the obligations of the States parties to these instruments. The Committee drew attention to the considerable potential of the promotion of the acceptance of the non-accepted parts of the Code and its Protocol, given the fact that the member States concerned have already assumed analogous obligations under Convention No. 102 and other social security-related ILO Conventions. It also determined the national situations in which recourse to technical assistance of the Council of Europe and the Office proved to be an effective means of improving the application of European and international instruments. Since 2000, in the light of measures taken by the governments in response to its conclusions, the Committee noted a number of cases of progress in the application of the Code and Convention No. 102, concerning, in particular, Germany, Cyprus, Spain, France, Norway, Portugal and Turkey. The review of the Committee of Experts forms an integral part of the proceedings of the colloquium organized to celebrate the 80th anniversary of the Committee's creation and will therefore be published next year.

* * *

93. 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. In particular, this year the Committee expressed its appreciation for the work done by all those officials involved in designing and organizing the international colloquium to celebrate the Committee's 80th anniversary, thereby ensuring its success.

Geneva, 8 December 2006.

(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 Mario ACKERMAN (Argentina),

Director of the Labour Law and Social Security Department and Professor in Labour Law, University of Buenos Aires; former adviser to the Parliament of Argentina; former Director of the Labour Police of the National Ministry of Labour and Social Security.

Mr Anwar Ahmad Rashed AL-FUZAIE (Kuwait),

Docteur en droit; Professor of Law; Professor of Private Law of the University of Kuwait; attorney; former 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; Member of the Governing Body of the International Islamic Centre for Mediation and Commercial Arbitration (Abu Dhabi); former Director of Legal Affairs of the Municipality of Kuwait; former Adviser to the Embassy of Kuwait (Paris).

Mr Denys BARROW SC (Belize),

Judge of Appeal for the Eastern Caribbean Supreme Court; former High Court Judge for Belize, Saint Lucia, Grenada and the British Virgin Islands; former Chairperson of the Social Security Appeals Tribunal in Belize; former member of the Committee of Experts for the Prevention of Torture in the Americas.

Ms Janice R. BELLACE (United States),

Deputy Provost, University of Pennsylvania and Samuel Blank (United States), Professor and Professor of Legal Studies and Management of the Wharton School, University of Pennsylvania; Trustee and Founding President, Singapore Management University; Senior Editor, Comparative Labor Law and Policy Journal; President-elect 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 Lelio BENTES CORRÊA (Brazil),

Judge at the Labour Federal High Court (Tribunal Superior do Trabalho) of Brazil, former Labour Public Prosecutor of Brazil, Professor at the Centro de Ensino Unificado de Brasilia.

Mr Michael Halton CHEADLE (South Africa),

Professor of Labour Law at the University of Cape Town; former Chief Legal 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 and Judge of the Employment Appeal Tribunal; 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; Chairperson of the Board of INTERIGHTS, the International Centre for the Legal Protection of Human Rights (2001–04) and Chairperson of the Equality and Diversity Advisory Committee of the Judicial Studies Board (2003–); appointed Honorary Fellow of Queen Mary College, London University (2005); member of Council of the University of London (2003–06); President of the Association of Women Barristers and Committee member of the United Kingdom Association of Women Judges.

Ms Blanca Ruth ESPONDA ESPINOSA (Mexico),

Doctor of Law; Professor of International Public Law at the National Autonomous University of Mexico; 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)"; Social Counselor and member of the Governing Body of the National Institute for Women; President of the Planned Parenthood Federation/Western Hemisphere (IPPF/WHR). She has been: President of the Senate of Mexico and of the Foreign Relations Committee; Secretary of the House of Representatives; President of the Population and Development Committee and member of the Labour and Social Security Committee; President of the Congress of the State of Chiapas; President of the Inter- American Parliamentary Group on Population and Development (IPG); Vice-President of the Global Forum of Spiritual and Parliamentary Leaders; Director-General of the National Institute for Labour Studies; Commissioner of the National Immigration Institute and editor of the Mexican Labour Review.

Mr Abdul G. KOROMA (Sierra Leone),

Judge at the International Court of Justice since 1994; President of the Henri Dunant Centre for Humanitarian Dialogue in Geneva; former member of the International Law Commission; former Ambassador and Ambassador Plenipotentiary to many countries as well as to the United Nations.

Ms Robyn A. LAYTON, QC (Australia),

Justice of the Supreme Court of South 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; Reporter on a Child Protection framework for South Australia; former 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 Commission; Former Deputy Director, Office of the Minister of Justice; Public Prosecutor at the Nanterre Tribunal de Grande Instance (Hauts de Seine); former President of the Pontoise Tribunal de Grande Instance (Val d'Oise); graduate of the Ecole Nationale de la Magistrature.

Mr Sergey Petrovitch MAVRIN (Russian Federation),

Judge of the Constitutional Court of the Russian Federation; Professor of Labour Law (Law Faculty of the St. Petersburg State University); Doctor of Law; former Chief of the Labour Law Department; former Director of the Interregional Association of Law Schools.

Ms Angelika NUSSBERGER, MA (Germany),

Doctor of Law; Professor of Law at the University of Cologne; Director of the Institute for Eastern European Law of the University of Cologne, substitute member of the European Commission for Democracy through Law (Venice Commission) of the Council of Europe, former legal adviser in the Directorate General of Social Cohesion of the Council of Europe (2001–02).

Ms Ruma PAL (India),

Judge of the Supreme Court of India from 2000 to June 2006; former judge in the Calcutta High Court; former member of the General Council of National Law School of India University; former member of the Executive Committee of the National Judiciary Academy; former member of the General Council and Executive Council of the West Bengal National University on Juridical Sciences; founding member of the Asia-Pacific Advisory Forum on Judicial Education on equality law; member of the International Association of Women Judges; Executive Council member of the Commonwealth Human Rights Initiative and member of various other national and regional bodies.

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, and of the Labour Gold Medallion; 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; President ad honorem 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; 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

Note 1

Albania (submission of first report on Convention No. 150 due since 2004), Antigua and Barbuda (submission of some of the reports due for the past three years), Armenia (submission of first report on Convention No. 122 due since 1996), Bahamas (submission of first report on Convention No. 147 due since 2003), Burundi (submission of first report on Convention No. 182 due since 2004), Comoros (submission of some of the reports due for the past two years), Paraguay (submission of first report on Convention No. 182 due since 2003), Serbia (submission of first reports on Conventions Nos. 24 and 25 due since 2003), Uganda (submission of first report on Convention No. 182 due since 2003). The following countries have since replied to all or the majority of the Committee's comments: Afghanistan, Antigua and Barbuda, Barbados, Bosnia and Herzegovina, Burundi, Chile, Côte d'Ivoire, Democratic Republic of the Congo, France (French Guiana, Guadeloupe), Gambia, Guyana, Lao People's Democratic Republic, Namibia, Netherlands (Aruba), Paraguay, Senegal, Seychelles, Singapore, United Republic of Tanzania (Tanganyika), Thailand, United States, Viet Nam, Zambia.

Note 2

Afghanistan, Grenada, Guyana, Lao People's Democratic Republic, Netherlands (Aruba), Paraguay.

Note 3

Part II of the present report refers to certain cases of failure to fulfil reporting and other standards-related obligations, within the framework of general observations (pp. 33 to 38) and observations on the submission to the competent authorities of instruments adopted by the Conference (pp. 559 to 571).

Note 4

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

Note 5

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.

Note 6

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.

Note 7

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, 95th Session, ILC, 2006). 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.

Note 8

Albania (Conventions Nos. 29, 100, 105, 111, 138, 178, 181, 182); Bahamas (Conventions Nos. 26, 29, 81, 100, 105, 111, 138, 182); Belize (Conventions Nos. 26, 87, 88, 94, 95, 98, 99, 100, 111, 115, 138, 141, 144, 150, 151, 154, 156, 182); Bolivia (Conventions Nos. 1, 30, 77, 78, 81, 95, 105, 123, 124, 129, 131, 138, 156); Botswana (Conventions Nos. 29, 95, 105, 173, 176, 182); Burkina Faso (Conventions Nos. 29, 105, 111, 129, 131, 138, 141, 159, 161, 170, 173, 182); Cambodia (Conventions Nos. 4, 6, 13, 87, 98, 100, 105, 111, 122, 138); Comoros (Conventions Nos. 26, 29, 52, 77, 78, 81, 99, 100, 105, 122); Congo (Conventions Nos. 6, 26, 29, 81, 87, 95, 98, 100, 105, 111, 138, 144, 149, 152, 182); Cyprus (Conventions Nos. 105, 114, 122, 138, 182); Djibouti (Conventions Nos. 26, 81, 94, 95, 98, 99, 115, 120, 125); Dominica (Conventions Nos. 16, 26, 29, 81, 87, 95, 100, 105, 138); Equatorial Guinea (Conventions Nos. 29, 100, 105, 111, 138); Eritrea (Conventions Nos. 29, 100, 105, 111, 138); Estonia (Conventions Nos. 5, 6, 11, 29, 105, 182); France – Martinique (Conventions Nos. 81, 94, 95, 112, 113, 125, 129, 131); Grenada (Conventions Nos. 26, 87, 94, 95, 99, 100, 144); Guinea (Conventions Nos. 29, 90, 95, 99, 105, 113, 115, 118, 120, 121, 122, 134, 136, 148, 150, 156); Haiti (Conventions Nos. 5, 45, 77, 78, 81); Indonesia (Conventions Nos. 138, 182); Islamic Republic of Iran (Conventions Nos. 29, 95, 100, 122, 182); Iraq (Conventions Nos. 13, 22, 23, 94, 95, 98, 108, 115, 120, 136, 147, 167); Jordan (Conventions Nos. 29, 81, 105, 138, 182); Kazakhstan (Conventions Nos. 81, 87, 98, 100, 105, 111, 129, 135, 148); Kiribati (Conventions Nos. 87, 98); Republic of Korea (Conventions Nos. 19, 100, 111, 122, 144, 156); Kyrgyzstan (Conventions Nos. 14, 29, 52, 77, 78, 79, 87, 100, 122, 124, 148, 149, 160); Liberia (Conventions Nos. 22, 29, 53, 55, 58, 87, 92, 98, 105, 111, 112, 113, 114, 133, 147); Malawi (Conventions Nos. 19, 87, 98, 100, 111, 144, 158); Malta (Conventions Nos. 22, 53, 81, 87, 98, 100, 111, 180); Papua New Guinea (Conventions Nos. 87, 98, 100, 111, 122, 158); Russian Federation (Conventions Nos. 29, 81, 87, 95, 98, 100, 111, 113, 122, 126, 156); Saint Kitts and Nevis (Conventions Nos. 29, 105, 111, 144, 182); Saint Lucia (Conventions Nos. 7, 8, 14, 17, 19, 87, 100, 111); San Marino (Conventions Nos. 29, 88, 100, 142, 148, 156, 160, 182); Sao Tome and Principe (Conventions Nos. 17, 18, 19, 81, 87, 88, 98, 100, 111, 144, 159); Sierra Leone (Conventions Nos. 17, 87, 95, 98, 100, 105, 111, 125, 126, 144); South Africa (Conventions Nos. 100, 111); Swaziland (Conventions Nos. 11, 87, 98, 100, 111, 138, 144, 160); Tajikistan (Conventions Nos. 11, 87, 98, 100, 126); United Republic of Tanzania (Conventions Nos. 12, 17, 94, 98, 100, 111); The former Yugoslav Republic of Macedonia (Conventions Nos. 87, 98); Togo (Conventions Nos. 29, 87, 100, 105, 111, 138, 144, 182); Trinidad and Tobago (Conventions Nos. 19, 87, 98, 100, 111, 125, 144, 147); Uganda (Conventions Nos. 11, 17, 29, 94, 98, 122, 144, 158, 162); United Kingdom – Anguilla (Conventions Nos. 8, 17, 22, 23, 29); United Kingdom – Montserrat (Conventions Nos. 8, 14, 26, 29, 95, 98); United Kingdom – St. Helena (Conventions Nos. 17, 29, 108); Uzbekistan (Conventions Nos. 29, 98, 100, 105, 111, 122).

Note 9

ILO: Handbook of procedures relating to international labour Conventions and Recommendations, Geneva, Rev., 2006. These comments appear in the CD-ROM version of the ILOLEX database. This database is also available via the ILO web site (www.ilo.org/normes).

Note 10

Convention No. 8: Seychelles; Convention No. 13: Senegal; Convention No. 17: Kenya, Mauritius, United Kingdom: Bermuda; Convention No. 19: Malaysia: Peninsular Malaysia, Sarawak, Mauritius; Convention No. 22: Mexico; Convention No. 26: Djibouti, Guinea; Convention No. 32: Algeria; Convention No. 55: Peru; Convention No. 56: Peru; Convention No. 68: Spain; Convention No. 71: Peru; Convention No. 87: Myanmar; Convention No. 88: Djibouti, France, Thailand; Convention No. 94: Burundi, Guinea; Convention No. 95: Central African Republic, Russian Federation, Zambia; Convention No. 96: Bolivia, Djibouti, France, Ghana, Pakistan; Convention No. 100: Japan; Convention No. 102: Democratic Republic of the Congo, Mexico, Peru; Convention No. 111: Bangladesh, India; Convention No. 115: Brazil, Ghana, France: French Polynesia, Guadeloupe; Convention No. 117: Paraguay, Zambia; Convention No. 118: Suriname; Convention No. 119: Azerbaijan, Democratic Republic of the Congo, Ukraine; Convention No. 120: Senegal; Convention No. 121: Senegal; Convention No. 122: Thailand; Convention No. 127: France: New Caledonia, Tunisia; Convention No. 136: Bolivia, Italy; Convention No. 139: Italy; Convention No. 144: United States; Convention No. 148: Ecuador; Convention No. 158: Cameroon, Gabon; Convention No. 168: Norway; Convention No. 179: Morocco; Convention No. 180: Sweden; Convention No. 181: Ethiopia.

Note 11

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

Note 12

Convention No. 87: Belarus; Convention No. 100: Japan; Convention No. 111: Bangladesh, India; Convention No. 119: Democratic Republic of the Congo.

Note 13

See para. 16 of the report of the Committee of Experts submitted to the 48th Session (1964) of the International Labour Conference.

Note 14

See para. 122 of the report of the Committee of Experts submitted to the 65th Session (1979) of the International Labour Conference.

Note 15

An indication of the 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.

Note 16

See Report III (Part 1B) of the present report containing the General Survey.

Note 17

Promoting employment, policies – skills – enterprises, ILC, 92nd Session, 2004, Report III (Part 1B).

Note 18

Document GB.288/LILS/7.

Note 19

ILO: Report III (Part 1B), ILC, 96th Session, 2007.


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