General Report of the Committee of Experts on the Application of Conventions and Recommendations, 2008


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Session of the Conference:97
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Document No. (ilolex): 042008

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 78th Session in Geneva from 22 November to 7 December 2007. 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 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), Ms Angelika NUSSBERGER, MA (Germany), Ms Ruma PAL (India), Mr Miguel RODRIGUEZ PIÑERO Y BRAVO FERRER (Spain), Mr Amadou SÔ (Senegal), Mr Yozo YOKOTA (Japan). Appendix I of the General Report contains brief biographies of all the Committee members.

3.   The Committee noted with regret that Ms Esponda Espinosa was unable to participate in its work this year.

4.   Mr Sô informed the Committee of his decision not to continue contributing to its work after the expiry of his mandate. The Committee expresses its great appreciation for the outstanding manner in which Mr Sô has carried out his duties throughout his service on the Committee.

5.   The Committee was deeply saddened to learn of the death, on 25 August 2007, of Mr Benjamin Aaron, former member of the Committee. A celebrated jurist and specialist in industrial relations, with a formidable talent as negotiator and arbitrator, all those who had the privilege of knowing or working with Mr Benjamin Aaron will remember him as a person with an extraordinary sense of equity who worked tirelessly for the promotion of social justice. The Committee wishes to express the esteem and friendship which those of its members who knew him felt for Mr Benjamin Aaron, as well as its gratitude for the devotion and competence he brought to the cause of international labour standards.

6.   As the mandate of Ms Layton, QC, as Chairperson had come to an end, the Committee elected Ms Bellace as Chairperson as of its next session. The Committee re-elected Mr Al-Fuzaie as Reporter.

Working methods

7.   The Committee has in recent years undertaken a thorough examination of its working methods. In order to guide this reflection on working methods efficiently, a subcommittee was set up in 2001. The mandate of the subcommittee includes examining working methods of the Committee and any related subjects, in order to make appropriate recommendations to the Committee. (Endnote_1) The subcommittee met on three occasions from 2002 to 04. During the 2005–06 sessions, issues relating to its working methods were discussed by the Committee in plenary sitting.

8.   This year, the subcommittee held two meetings to examine a number of issues arising from recent discussions both in the Conference Committee on the Application of Standards and in the Governing Body. These meetings were chaired by Mr Yokota. (Endnote_2) In considering the recommendations made by the subcommittee, the Committee agreed on the elements below.

(1) With respect to measures to assist governments to follow up on its particular comments, the Committee recognized this as a crucial and ongoing issue, and decided to revisit it at its next session. The Committee provided guidance to the secretariat for the preparation of its work. This guidance included a more consistent implementation of the existing criteria to distinguish observations from direct requests; and, where comments were lengthy, possible ways to help governments identify which requests to address in the first instance in order to facilitate their timely reply to the Committee.

(2) With respect to its General Report, the Committee agreed: (a) to insert a new section highlighting cases which are examples of “good practices”, to enable governments to emulate these in advancing social progress, and to serve as a model for other countries to assist them in the implementation of ratified Conventions; (b) to resume publication next year of a section concerning highlights and major trends on topical issues arising from the Committee’s examination of reports, when such issues emerge.

(3) The Committee discussed the request from the Workers’ group of the Conference Committee on the Application of Standards regarding the reproduction of certain previous comments in its report of the following year (i.e. a non-reporting year). This issue was also raised during its special sitting with the Vice-Chairpersons of the Conference Committee. In the course of discussions on this topic, concerns were raised about whether such a request would need to come from the Conference Committee as a whole, how it could be considered by the Committee and importantly whether there would be a process whereby a government would be able to submit any additional elements.

(4) The Committee took note of the Governing Body’s request that the Office review existing report forms. For this purpose, the Committee designated three of its members to contribute their expertise on Conventions for which they were initially responsible in order to assist the Office’s review.

Relations with the Conference Committee on the Application of Standards

9.   A spirit of mutual respect, cooperation and responsibility has consistently prevailed in the Committee’s relations with the International Labour Conference and its Committee on the Application of Standards. The Committee of Experts takes the proceedings of the Conference Committee 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 particular 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 96th Session (May–June 2007) of the International Labour Conference. It noted the request by the Conference Committee for the Director-General to renew this invitation for the 97th Session (May–June 2008) of the Conference. The Committee of Experts has accepted this invitation.

10.   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 96th 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.

11.   The interactive format for this special sitting, initiated last year, was utilized again this year. The two Vice-Chairpersons of the Conference Committee provided information on the recent changes in its working methods. These changes included measures implemented to improve transparency and effectiveness of its work. Matters relating to the Committee of Experts’ report were then discussed, particularly the possibility of reproducing certain comments at the Workers’ group’s request. Within the framework of this sitting, a representative of the Director-General provided information regarding the current discussion on strengthening the ILO’s capacity to assist its Members’ efforts to reach its objectives in the context of globalization. Explanations were provided on the possible implications and ramifications for normative action, and more specifically on the work of both committees concerning General Surveys.

II. Compliance with obligations

Follow-up to cases of serious failure by member States to fulfil reporting and other standards-related obligations mentioned in the report of the Committee on the Application of Standards

12.   The Committee recalls that, at the instigation of the Committee on the Application of Standards at the 93rd Session (June 2005) 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 with a view, in so far as possible, to identifying more accurately the difficulties underlying these failures and enabling appropriate solutions to be identified. As both committees have recalled on numerous occasions, such failures hinder the functioning of the supervisory system, which is based primarily on the information provided by governments in their reports. Therefore, in cases where a report has not been submitted for a number of years, which are the most serious cases, supervision of the application of ratified Conventions cannot begin or is limited by the lack of up to date information. Cases of failure to fulfil reporting obligations therefore have to be given the same level of attention as those relating to the application of ratified Conventions.

13.   The Committee notes the discussions held in the Committee on the Application of Standards at the 96th Session (May–June 2007) of the International Labour Conference, with particular reference to the general discussion and the discussions and conclusions of the special sitting on cases of serious failure by member States to fulfil their reporting and other standards-related obligations. The Committee was informed that, to follow up the discussions of the Conference Committee, the Office sent targeted letters to the 45 member States mentioned in the relevant paragraphs of the report of the Conference Committee concerning their failure to fulfil the respective obligations (there were 49 such member States in 2006 and 53 in 2005). The technical assistance activities undertaken in the context of this individualized follow-up were continued and strengthened through closer coordination between all the Office units concerned. The work of the two committees accordingly contributes to determining the priorities of the technical assistance provided primarily by the standards specialists in subregional offices, with the support, where appropriate, of national correspondents.

14.   The Committee was informed that the great majority of the member States mentioned in the report of the Committee on the Application of Standards, namely 38 member States, had already been mentioned in the reports of the Committee on the Application of Standards in 2005 and 2006 for at least the same failings. The subregional offices have therefore been invited to make contact as a priority with these 38 member States. The information available this year (discussions of the Committee on the Application of Standards, information from subregional offices) confirms that the difficulties most commonly experienced by member States in fulfilling their obligations are of an institutional nature. In this respect, the difficulties encountered are caused both by the lack of resources of the authorities principally responsible for sending reports (inadequate staff numbers or staff with little knowledge of reporting procedures, frequent staff movements requiring renewed assistance from the Office) and inadequate coordination between this authority and the other authorities required to contribute to the reports. Less frequently, the difficulties can be explained by more deep-rooted reasons relating to national circumstances which go well beyond the sending of reports. In view of the nature of the difficulties encountered, the Committee hopes that reporting issues will rapidly be incorporated, where appropriate, into the Organization’s broader technical cooperation programmes, as announced in the context of the new interim plan of action to enhance the impact of the standards system, recently approved by the Governing Body at its 300th Session (November 2007). The Committee also emphasizes that, in certain cases, problems that are to some extent similar to those referred to above persist or reoccur in relation to the sending of reports on the application of Conventions declared applicable to non-metropolitan territories. This is confirmed by the low percentage of reports received this year for these territories. (Endnote_3) The Committee hopes that the governments concerned will be able to identify appropriate measures to find a lasting solution to these problems, where necessary with the assistance of the Office.

15.   The Committee notes that certain of the 45 member States referred to in the report of the Conference Committee have, frequently with the assistance of the Office, fulfilled their reporting and other standards-related obligations, in full or in part, since the end of the 96th Session of the Conference. In this respect, the Committee wishes firstly to welcome the action taken by certain member States to make up the accumulated backlog by submitting all the reports due. (Endnote_4) It also welcomes the fact that other member States have made use of the period between the Conference and the present session of the Committee of Experts to provide most or all of the reports requested. (Endnote_5) Finally, it notes that, according to information provided by the subregional offices, a steadily increasing number of member States have taken action to overcome their difficulties in this regard. The Committee firmly hopes that these latter States will pursue their efforts and will follow up on the matter with the assistance of the Office. The Committee’s observations on compliance with reporting obligations by member States and the information provided concerning the submission of the instruments adopted by the Conference to the competent authorities are contained in Part II of its report. (Endnote_6)

16.   The Committee reminds governments that they are required to comply with all the reporting and other standards-related obligations that they accept upon becoming Members of the Organization. Compliance with these obligations is essential for dialogue on the effective implementation of ratified Conventions. Governments that request technical assistance may benefit from it, yet such assistance is only useful if it focuses on the specific difficulties faced. For such assistance to be appropriate and effective, governments must be prepared to inform the Office of the specific problems that they are encountering and to give effect to lasting solutions. Finally, the Committee welcomes the effective collaboration that it maintains with the Committee on the Application of Standards, on matters of mutual interest that are essential to the proper discharge of their respective tasks, in relation to improved compliance with reporting obligations.

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

A. Supply of reports

17.   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.

18.   In accordance with the changes in the reporting system adopted by the Governing Body in November 2001 and March 2002, (Endnote_7) 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. (Endnote_8) 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 (Endnote_9) (for a list of Conventions grouped by subject see page v).

19.   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.

20.   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 tasks.

21.   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.

Reports requested and received

22.   A total of 2,477 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, 1,611 of these reports had been received by the Office. This figure corresponds to 65.04 per cent of the reports requested, compared with 66.47 per cent last year.

23.   In addition, 304 reports were requested on Conventions declared applicable with or without modifications to non-metropolitan territories (article 35 of the Constitution). Of these, 109 reports, or 35.86 per cent, had been received by the end of the Committee’s session, in comparison with 67.71 per cent last year.

24.   The Committee expresses its deep dismay that the total number of reports received on the application of ratified Conventions has decreased further this year, even though there has been a significant rise in the number of reports received within the time limits. (Endnote_10) The Committee is also concerned at the low number of reports received for Conventions declared applicable to non-metropolitan territories. The Committee urges governments, with the assistance of the Office if they so wish, to make every effort to remedy this situation. It draws the attention of the Conference Committee on the Application of Standards in this respect. The Committee firmly hopes that measures already taken by the Office to strengthen its assistance to governments in relation to compliance with their reporting obligations will be pursued and intensified.

Compliance with reporting obligations

25.   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 16 countries: Bolivia, Cape Verde, Congo, Denmark (Faeroe Islands), Equatorial Guinea, Iraq, Kiribati, Liberia, Sierra Leone, Solomon Islands, Somalia, Tajikistan, Togo, Turkmenistan, United Kingdom (Anguilla, St. Helena) and Uzbekistan. In addition, all or the majority of the reports due this year have not been received from the following 32 countries: Antigua and Barbuda, Barbados, Cambodia, Chad, Democratic Republic of the Congo, France (French Guiana, French Southern and Antarctic Territories, Guadeloupe, Martinique, Réunion, St. Pierre and Miquelon), Gambia, Guinea, Guinea-Bissau, Guyana, Haiti, Ireland, Kyrgyzstan, Lao People’s Democratic Republic, Lesotho, Malaysia, Malaysia (Sabah), Malaysia (Sarawak), Mauritania, Mongolia, Netherlands (Netherlands Antilles), Nigeria, Peru, Saint Kitts and Nevis, San Marino, Senegal, Seychelles, Slovenia, Sudan, United Republic of Tanzania (Zanzibar), The former Yugoslav Republic of Macedonia, Uganda, United Kingdom (Bermuda, British Virgin Islands, Falkland Islands (Malvinas), Gibraltar, Guernsey, Montserrat) and Zambia.

26.   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 subregional offices, can help the government to overcome such difficulties, as recalled by the Office in the letters that it sent to certain member States cited in the report of the Conference Committee on the Application of Standards.

Late reports

27.   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.

28.   Once again this year, the Committee is bound to express concern at the numbers of reports that are received after the prescribed time period. 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.

29.   However, the Committee observes that by 1 September 2007, the proportion of reports received was 34.2 per cent, compared with 28.8 per cent at its previous session. While this percentage has risen slightly each year since 2005, there has been a clear increase this year, attaining a level that has not been achieved for many years, as shown in Appendix II to this report. The Committee trusts that this trend will be maintained through the continued efforts of the member States and the Office so that the percentage of reports received by 1 September, which is nevertheless fairly low, will continue to rise.

30.   Furthermore, the Committee notes that a number of countries sent some or all of the reports due by 1 September 2006 on ratified Conventions during the period between the end of the Committee’s December 2006 session and the beginning of the May–June 2007 session of the International Labour Conference, or even during the Conference. (Endnote_11) The Committee emphasizes that this practice also disturbs the regular operation of the supervisory system and makes it more burdensome. It wishes to provide herein the list of countries which followed this practice in 2006–07, as requested by the Conference Committee on the Application of Standards: Algeria (Conventions Nos 81, 182); Armenia (Conventions Nos 29, 81, 95, 98, 100, 105); Bahamas (Conventions Nos 81, 138); Belize (Conventions Nos 11, 23, 26, 29, 87, 88, 99, 105); Bosnia and Herzegovina (Conventions Nos 11, 12, 13, 19, 29, 90, 97, 105, 113, 126, 129, 131, 135, 138, 142, 143, 155, 156, 159, 161, 182); Botswana (Conventions Nos 29, 95, 105, 173, 176); Burkina Faso (Conventions Nos 29, 105, 129, 131, 138); Central African Republic (Conventions Nos 94, 138, 182); Côte d’Ivoire (Conventions Nos 138, 159); Denmark – Greenland (Convention No. 126); Djibouti (Conventions Nos 6, 9, 11, 12, 13, 14, 16, 17, 18, 29, 44, 45, 52, 77, 78, 81, 89, 94, 95, 98, 99, 105, 115, 120); Dominica (Conventions Nos 11, 16, 26, 29, 81, 87, 94, 95, 98, 100, 105, 108); Eritrea (Conventions Nos 29, 100, 105, 111, 138); Estonia (Conventions Nos 5, 6, 10, 11, 29, 105, 129, 147, 182); Fiji (Convention No. 159); France (Conventions Nos 94, 102, 113, 114, 125, 126, 156, 158, 163, 164, 166, 178, 179); France – French Guiana (Conventions Nos 112, 113, 114, 125, 126); France – French Southern and Antarctic Territories (Convention No. 87); France – Guadeloupe (Conventions Nos 112, 113, 114, 125, 126); France – Martinique (Conventions Nos 112, 113, 114, 125, 126); France – Réunion (Conventions Nos 112, 113, 114, 125, 126); France – St. Pierre and Miquelon (Conventions Nos 125, 126); Greece (Conventions Nos 95, 102, 124, 156, 182); Grenada (Conventions Nos 11, 26, 94, 95, 99); Indonesia (Conventions Nos 81, 138, 182); Islamic Republic of Iran (Conventions Nos 29, 100, 105, 122, 182); Jordan (Conventions Nos 29, 105, 124, 138, 147, 182); Republic of Korea (Conventions Nos 19, 100, 111, 122, 144, 156); Kyrgyzstan (Conventions Nos 105, 138, 150, 154, 160); Malta (Conventions Nos 11, 12, 19, 42, 87, 98, 100, 111, 141); Netherlands – Aruba (Convention No. 118); Netherlands – Netherlands Antilles (Conventions Nos 11, 12, 17, 25, 42, 118, 122); Panama (Conventions Nos 87, 100, 111, 122); Papua New Guinea (Conventions Nos 11, 12, 19, 42, 87, 98, 100, 111, 122, 158); Peru (Convention No. 44); Russian Federation (Conventions Nos 11, 29, 81, 87, 98, 100, 111, 113, 122, 150, 156); Saint Kitts and Nevis (Convention No. 100); San Marino (Conventions Nos 29, 87, 105, 160); Sao Tome and Principe (Conventions Nos 17, 18, 19, 81, 87, 88, 98, 100, 106, 111, 144, 159); Slovakia (Conventions Nos 34, 88, 144, 156); Swaziland (Conventions Nos 11, 12, 19, 87, 98, 100, 111, 144); Sweden (Convention No. 158); United Republic of Tanzania (Conventions Nos 11, 12, 17, 19); United Republic of Tanzania – Tanganyika (Convention No. 45); Thailand (Conventions Nos 19, 88, 100, 122, 138); The former Yugoslav Republic of Macedonia (Conventions Nos 87, 98); Trinidad and Tobago (Conventions Nos 19, 87, 98, 125, 144); Turkey (Convention No. 115); United Kingdom – Isle of Man (Convention No. 122); United Kingdom – Montserrat (Conventions Nos 11, 19, 26, 87, 98).

Supply of first reports

31.   A total of 118 of the 212 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 60 of the 179 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 16 member States:

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

– since 1994 – Kyrgyzstan (Convention No. 111);

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

– since 1998 – Equatorial Guinea (Conventions Nos 68, 92);

– since 1999 – Turkmenistan (Conventions Nos 29, 87, 98, 100, 105, 111);

– since 2001 – Armenia (Convention No. 176);

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

– since 2003 – Dominica (Convention No. 182), Gambia (Convention No. 182), Iraq (Conventions Nos 172, 182);

– 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);

– since 2005 – Antigua and Barbuda (Convention No. 100), Liberia (Conventions Nos 81, 144, 150, 182), Uganda (Convention No. 138); and

– since 2006 – Albania (Convention No. 171), Dominica (Conventions Nos 135, 147, 150), Georgia (Convention No. 163), Kyrgyzstan (Conventions Nos 17, 184), Nigeria (Conventions Nos 137, 178, 179).

32.   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

33.   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 32 governments to which such letters were sent, only eight have provided the information requested.

34.   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.

35.   In all, there were 555 cases of no response (concerning 49 countries). (Endnote_12) There were 415 such cases (concerning 47 countries) last year. Under these conditions, the Committee is bound to repeat the observations or direct requests already made on the Conventions in question.

36.   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

37.   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

38.   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. (Endnote_13)

39.   The Committee’s observations 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 to the report.

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. (Endnote_14) Under the present reporting cycle, (Endnote_15) 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 2008. (Endnote_16) 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 has 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; second, in light of all the recommendations made, the Committee will, after discussion, take a final, collegial decision once it has reviewed the application of all the Conventions.

Practical application

44.   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. 45.   The Committee notes that 362 reports received this year contain information on the practical application of Conventions. Of these, 52 reports contain information on national jurisprudence. Such information has been communicated mostly concerning equality and opportunity of treatment (Conventions Nos 100 and 111) and the worst forms of child labour Convention (Convention No. 182). The Committee also notes that 310 of the reports contain information on statistics and labour inspection. The majority of this information relates to Conventions concerning the elimination of child labour (Conventions Nos 138 and 182), equality and opportunity of treatment (Conventions Nos 100 and 111), labour inspection (Convention No. 81) and employment policy (Convention No. 122).

46.   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

47.   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.

48.   Since first identifying cases of satisfaction in its report in 1964, (Endnote_17) 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.

49.   As regards the visibility and impact that cases of progress may have, the Committee welcomed the discussion at the Conference Committee on the Application of Standards at the 96th Session (May–June 2007) of the application of the Occupational Safety and Health Convention, 1981 (No. 155), in Spain, which permitted ILO member States to learn from an instructive case of good practice.

50.   Details concerning these cases are to be found in Part II of this report and cover 65 instances in which measures of this kind have been taken in 52 countries. The full list is as follows:

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

State

Conventions Nos

Angola

18

Armenia

98

Austria

87

Belarus

81

Brazil

182

Burkina Faso

81

Cameroon 

29

Canada

32

Chile 

156

Cuba 

183

Cyprus 

87

Democratic Republic of Congo

119, 150

El Salvador

144

Fiji

87, 98

France

131

France – New Caledonia

81

Guatemala

129

Honduras

182

India 

26

Indonesia

182

Ireland

81

Italy

136

Republic of Korea

81

Latvia

150

Lebanon

81, 127

Luxembourg

111

Madagascar

29, 81, 129

Malta

16

Mauritania

29

Mauritius

138, 182

Mexico

182

Republic of Moldova

95

Morocco

26, 99

Namibia

111

Nicaragua

77

Panama

98

Paraguay

59

Peru

100

Romania

138

Russian Federation 

138

Sao Tome and Principe

17

Slovenia

156

Spain

81, 129

Swaziland

81

Sweden

81

United Republic of Tanzania

29, 105, 152

Thailand

182

Tunisia 

127

Turkey

118

Ukraine

111

United Kingdom – Gibraltar

42

United Kingdom – Isle of Man 

5

Uruguay

79, 81

Bolivarian Republic of Venezuela

81

 

 

51.   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 2,620 since the Committee began listing them in its report.

52.   Within cases of progress, the distinction between cases of satisfaction and cases of interest was formalized in 1979. (Endnote_18) 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; and, 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.

53.   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 314 instances in which measures of this kind have been adopted in 119 countries. The full list is as follows:

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

State

Conventions Nos

Afghanistan

111

Albania

87, 150

Algeria

81

Angola 

19, 111

Argentina

81, 129, 150

Australia 

81, 112, 156

Azerbaijan

29

Bahamas 

138

Bangladesh 

182

Belarus 

81, 87, 98

Belgium 

29, 81, 129

Benin

81, 182

Botswana

176

Brazil

81, 131, 138, 155, 182

Bulgaria

77, 87, 138, 182

Burkina Faso

98, 131, 138, 182

Burundi

182

Cambodia 

87

Chile

35, 105, 156

China – Hong Kong Special Administrative Region

17, 81

China – Macau Special Administrative Region

81

Colombia

111, 129, 138

Comoros 

17

Costa Rica

87, 102, 111, 138, 182

Côte d’Ivoire

81

Croatia

87, 156

Cuba

152

Cyprus

81, 152

Czech Republic

87, 144

Democratic Republic of the Congo

81, 150

Djibouti

115, 120

Dominican Republic

81

Ecuador

87

Egypt

29

Eritrea

111

Estonia

6

Fiji

87, 111

Finland

81, 152

France

100, 102, 156

France – French Guiana

112

France – French Polynesia

95, 131

France – Guadeloupe

81, 112

France – Martinique

112

France – New Caledonia

81

France – Réunion

112

Gabon

81

Ghana

29, 148

Greece

105, 156, 182

Guatemala

29, 81, 97

Guyana

81, 129

Haiti

29

Honduras

32

Hungary

26, 81

Iceland

144

India

81, 111

Indonesia

81, 98, 111, 138, 182

Iraq

98

Ireland

81

Israel

81

Italy

12, 29, 102, 137, 139

Japan

98

Jordan

87, 98

Kazakhstan

81

Republic of Korea

19, 81, 111

Latvia

6, 122, 150, 158

Lebanon

29, 77, 81, 90, 111, 136, 182

Libyan Arab Jamahiriya

29, 81, 102, 128, 130, 131

Lithuania

29, 88, 131, 156, 182

Luxembourg

81, 111

Madagascar

6, 81, 111, 122, 124, 129, 138, 182

Malawi

150

Malaysia

29

Mali

138, 182

Malta

81, 129

Mauritania

81, 182

Mauritius

26, 32, 111, 156, 182

Mexico

111, 173, 182

Republic of Moldova

29, 122, 182

Morocco

81

Mozambique

81

Namibia

111, 138, 150, 182

Nepal

182

Netherlands

102, 156, 182

New Zealand

32, 59, 81, 100, 111

Nicaragua

77, 78, 111, 122

Niger

29, 102, 111, 182

Norway

8, 111, 129

Pakistan

59, 81

Panama

87, 122, 138, 182

Papua New Guinea

111

Paraguay

169

Peru

55, 56, 111, 156

Philippines

138, 182

Poland

29, 182

Portugal

81, 129, 131, 156, 182

Romania

105, 138, 182

Russian Federation

81, 95, 111, 138, 156

Rwanda

123, 138, 182

Saudi Arabia

90, 182

Senegal

81, 122, 138

Serbia

90

Singapore

29, 81, 138, 182

Slovakia

77, 78, 100, 111, 124, 156

South Africa

182

Spain

68, 81, 94, 97, 122, 129, 131, 138, 173

Sri Lanka

138, 182

Sudan

29, 111

Suriname

81

Swaziland

81

Sweden

81, 111, 156, 184

Switzerland

29, 182

Syrian Arab Republic

29, 87, 131, 138

United Republic of Tanzania

138, 182

United Republic of Tanzania – Tanganyika

81

Thailand

29, 138, 182

Trinidad and Tobago

100

Turkey

77, 88, 123

Uganda

182

Ukraine

81, 124, 129, 138, 150, 156, 182

United Arab Emirates

182

United Kingdom

29, 105, 182

United Kingdom – Jersey

81, 99

United States

147

Uruguay

81, 94, 95, 129, 138, 182

Bolivarian Republic of Venezuela

26, 169

Viet Nam

6, 81, 111

Zambia

29, 150

Zimbabwe

81

 

 

Questions concerning the application of certain Conventions

54.   The question of the application of the Marking of Weight (Package Transported by Vessels) Convention, 1929 (No. 27) in relation to modern methods of cargo handling, with particular reference to containers is addressed in a general observation which appears as an introduction to individual examination of the reports under this Convention.

55.   The necessity for effective cooperation between the system of labour inspection and the judicial system is also emphasized in a general observation on the application of the Labour Inspection Convention, 1947 (No. 81), and of the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

Role of employers’ and workers’ organizations

56.   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.

Comments made by employers’ and workers’ organizations

57.   Since its last session, the Committee has received 532 comments (compared to 518 last year), 40 of which were communicated by employers’ organizations and 492 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. This contribution is essential for the Committee’s evaluation of the application of ratified Conventions in law and in practice.

58.   The majority of the comments received (508) relate to the application of ratified Conventions (see Appendix III). (Endnote_19) Some 281 of these comments relate to the application of fundamental Conventions and 252 concern the application of other Conventions. Moreover, 24 comments concern reports provided by governments under article 19 of the Constitution on the Labour Clauses (Public Contracts) Convention (No. 94) and Recommendation (No. 84), 1949. (Endnote_20)

59.   The Committee notes that, of the comments received this year, 352 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 comments submitted by employers’ and workers’ organizations 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. Comments received later than 1 September will be examined by the Committee at its session the following year. In 173 cases, the governments transmitted the comments with their reports, sometimes adding their own comments.

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

61.   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 can provide adequate assistance in this regard to the organizations concerned.

62.   At its 77th Session (November–December 2006), the Committee gave the following guidance to the Office as to the usual procedure to be followed in determining the treatment of comments received from workers’ and employers’ organizations in a non-reporting year.

63.   Where these comments simply repeat comments made in previous years, or refer to matters already raised by the Committee, they will be examined in the normal two-year or five-year cycle, when the government’s report is due, and there will be no request for a report outside that cycle. This procedure will apply also in the case of comments which provide additional information on law and practice concerning matters already raised by the Committee, or on minor legislative changes.

64.   The position is different where the comments raise serious allegations of important acts of non-compliance with particular Conventions. In this case, where the allegations appear sufficiently substantiated, there will be a request for the government to reply to these allegations outside the normal cycle and the Committee will consider the comments in the year in which they have been received. This procedure will apply also to comments referring to important legislative changes, or to proposals which have a fundamental impact on the application of a Convention; and, further, to comments which refer to minor, new legislative proposals or draft laws, not yet examined by the Committee, where its early examination may assist the government at the drafting stage.

65.   The aim of this guidance is to provide assistance and to achieve consistency in dealing with such comments.

66.   Part II of this report contains most of the observations 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 instruments adopted by the Conference to the competent authorities

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

67.   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 Maritime Labour Convention, 2006, adopted by the Conference at its 94th (Maritime) Session on 23 February 2006;

(b) information on the steps taken to submit to the competent authorities the instruments adopted by the Conference at its 95th Session (Convention No. 187 and Recommendations Nos 197 and 198) on 16 June 2006; 

(c) replies to the observations and direct requests made by the Committee at its 77th Session (November–December 2006).

68.   At its 96th Session (June 2007), the Conference adopted the Work in Fishing Convention (No. 188) and Recommendation (No. 199). A number of governments have already sent the Office information on the steps taken to submit these instruments to the competent authorities. Appendix IV of Part Two of the report contains a summary indicating the name of the competent authority to which the instruments adopted by the Conference at its 94th, 95th and 96th Sessions were submitted and the date of submission.

69.   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 constitutional obligation of submission. Appendix VI shows the overall situation of 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.

94th Session

70.   The Maritime Labour Convention, 2006, was to be submitted to the competent authorities within 12 months or, under exceptional circumstances, within 18 months of the closure of the session of the Conference, that is, by 23 February 2007 or 23 August 2007, respectively. In all, 66 governments out of the 178 member States concerned have sent information on steps taken in this regard: Afghanistan, Albania, Algeria, Argentina, Armenia, Australia, Austria, Azerbaijan, Belarus, Belgium, Benin, Bulgaria, Burkina Faso, Canada, China, Colombia, Costa Rica, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, France, Gabon, Germany, Greece, India, Indonesia, Israel, Italy, Japan, Jordan, Republic of Korea, Latvia, Lebanon, Lesotho, Lithuania, Luxembourg, Malaysia, Malta, Mauritius, Morocco, Mozambique, Myanmar, New Zealand, Nicaragua, Norway, Oman, Philippines, Poland, Portugal, Romania, San Marino, Saudi Arabia, Singapore, Slovakia, Switzerland, United Republic of Tanzania, Thailand, Tunisia, Turkey, United Kingdom, Uruguay, Bolivarian Republic of Venezuela, Viet Nam and Zimbabwe.

71.   The Committee welcomes the two ratifications of the Maritime Labour Convention, 2006 by Liberia and Marshall Islands registered on 7 June 2006 and 25 September 2007, respectively. It further welcomes the information received to date on the technical measures already taken at national level and on the tripartite consultations held to examine the Maritime Labour Convention, 2006. This information enables the Office to target the technical assistance requirements of States wishing to ratify and apply this important Convention.

95th Session

72.   At its 95th Session in 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 ended on 16 June 2007, and the 18-month period, on 16 December 2007. In all, 59 governments out of the 178 member States concerned have sent new information on steps taken in this regard: Afghanistan, Albania, Algeria, Argentina, Armenia, Barbados, Belarus, Benin, Botswana, Bulgaria, Burundi, China, Cyprus, Czech Republic, Denmark, Egypt, Finland, France, Germany, Greece, Hungary, Iceland, Indonesia, Islamic Republic of Iran, Israel, Italy, Japan, Republic of Korea, Latvia, Lebanon, Lesotho, Lithuania, Luxembourg, Malawi, Malta, Mauritania, Mauritius, Morocco, Myanmar, Netherlands, New Zealand, Philippines, Poland, Portugal, Romania, San Marino, Saudi Arabia, Singapore, Slovakia, Switzerland, Syrian Arab Republic, United Republic of Tanzania, Thailand, Tunisia, Turkey, United Arab Emirates, United Kingdom, Uruguay and Viet Nam.

73.   The Committee welcomes the first ratification of Convention No. 187 by Japan, registered on 24 July 2007.

Progress noticed

74.   The Committee notes with interest the information sent in 2007 by the Governments of Afghanistan, Armenia, Islamic Republic of Iran, Madagascar and Swaziland. It welcomes the efforts made by these governments to make up for the significant delay in submission and thus fulfil their obligation to submit to their parliamentary bodies the instruments adopted by the Conference over a number of years.

Special problems

75.   To facilitate the work of the Committee on the Application of Standards, this report mentions only the governments which have not provided any information on the submission to the competent authorities of instruments adopted by the Conference for at least the seven sessions held from June 1999 (i.e. from the 87th Session to the 94th (Maritime) Session in February 2006). This 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.

76.   The Committee notes that at the closure of its 78th Session, i.e. 7 December 2007, five governments are in this category: Solomon Islands, Uzbekistan, Sierra Leone, Somalia and Turkmenistan. The Committee is aware of the exceptional circumstances that have affected these countries for many decades and knows that they often lack the appropriate institutions to discharge the obligation of submission.

77.   The Committee has already indicated that the Director-General has requested the member States to give top priority to the ratification of the Worst Forms of Child Labour Convention, 1999 (No. 182). In this regard, the Committee noted its concern about the fact that by simply submitting and ratifying Convention No. 182, certain governments avoid being placed in the category of States that have not submitted any of the instruments adopted over the “last seven sessions” of the Conference, even though they are significantly behind with regard to submission.

78.   Indeed, at present, it appears that more than 50 governments have failed to provide any information on submission to the competent authorities of the instruments adopted by the Conference over the seven sessions to be considered as the period of reference in 2008 (i.e. from the 88th Session in May–June 2000 to the 95th Session in June 2006).

79.   These countries have been identified in the observations published in this report and the instruments which have not been submitted are indicated in the statistical appendices. There is therefore a danger that a significant number of countries not mentioned in paragraph 76 may, in reality, be experiencing considerable difficulties. The Committee therefore considers it useful to attract the attention of these countries, listed in the footnote, so that they can immediately, as a matter of urgency, take appropriate measures to bring themselves up to date. (Endnote_21)

80.   The Committee also hopes that the government authorities and the social partners in these countries will be the first to benefit from the measures taken by the Office within the framework of the new interim plan of action to enhance the impact of the standards system, recently approved by the Governing Body at its 300th Session (November 2007).

Comments of the Committee and replies from governments

81.   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 provided 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).

82.   The Committee hopes that these 81 observations and 47 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.

83.   As the Committee has already pointed out, it is important that governments provide 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 by which the instruments have been submitted 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.

84.   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

85.   In accordance with the decision taken by the Governing Body, (Endnote_22) governments were requested to supply reports under article 19 of the Constitution on the Labour Clauses (Public Contracts) Convention (No. 94) and Recommendation (No. 84), 1949.

86.   A total of 301 reports were requested and 146 were received. (Endnote_23) This represents 48.5 per cent of the reports requested. 87.   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 29 countries: Antigua and Barbuda, Armenia, Cape Verde, Congo, Democratic Republic of the Congo, Djibouti, Equatorial Guinea, Gambia, Guinea, Haiti, Iraq, Kiribati, Kyrgyzstan, Liberia, Pakistan, Paraguay, Russian Federation, San Marino, Sao Tome and Principe, Sierra Leone, Solomon Islands, Somalia, Tajikistan, The former Yugoslav Republic of Macedonia, Togo, Turkmenistan, Uganda, Uzbekistan, Yemen.

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

89.   Part III of this report (issued separately as Report III (Part 1B)) contains the General Survey on labour clauses in public contracts. 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

90.   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 that it might be useful for the Committee to examine on how certain 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, office of the United Nations High Commissioner 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, office of the United Nations High Commissioner 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 office of the United Nations High Commissioner for Human Rights;

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

– Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143): United Nations, office of the United Nations High Commissioner 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, office of the United Nations High Commissioner for Human Rights, UNESCO and WHO.

B. United Nations treaties concerning human rights

91.   The Committee recalls that international labour standards and the provisions of related United Nations human rights treaties are complementary and mutually reinforcing. It emphasizes that continuing cooperation between the ILO and the United Nations with regard to the application and supervision of relevant instruments is necessary, particularly in view of the approach to development based on human rights adopted by the United Nations. The Committee welcomes the adoption of the Declaration on the Rights of Indigenous Peoples by the General Assembly of the United Nations on 13 September 2007.

92.   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 can 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.

93.   The Committee's annual meeting with the United Nations Committee on Economic, Social and Cultural Rights took place on 22 November 2007, at the invitation of the Friedrich Ebert Stiftung. This year, the right to freedom of association was selected as the theme for discussion, with particular reference to the links between Article 8 (on freedom of association) of the International Covenant on Economic, Social and Cultural Rights and Convention No. 87, the ongoing negotiations at the open-ended working group concerning an optional protocol to the Covenant and the need for close collaboration between the ILO and the United Nations in addressing issues relating to freedom of association.

94.   The Committee welcomes the continuing cooperation and dialogue with the Committee on Economic, Social and Cultural Rights, as well as other relevant human rights treaty bodies, in order to promote coherent international monitoring as a basis for action to enhance the enjoyment of and compliance with economic, social and cultural rights at the national level.

C. European Code of Social Security and its Protocol

95.   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 21 reports on the application of the European Code of Social Security and, as appropriate, its Protocol. At the sitting in which the Committee examined the reports on the Code and its Protocol, the Council of Europe was represented by Ms Ana Gomez Heredero. 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. Once approved, the Committee’s comments should lead to the adoption of resolutions by the Committee of Ministers of the Council of Europe on the application of the Code and the Protocol by the countries concerned.

96.   With its dual responsibility for the application of the Code and international labour Conventions relating to social security, the Committee seeks 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 also draws attention to the national situations in which recourse to technical assistance of the Council of Europe and the Office may prove to be an effective means of improving the application of the Code.

* * *

97.   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, 7 December 2007.

(Signed) R. 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 the Republic of Argentina; former Director of the Labour Police of the National Ministry of Labour and Social Security of the Republic of Argentina.

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), former Director of Legal Department (Kuwait Finance House).

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),

Samuel Blank 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 Labour 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 Labour Law, American Bar Association.

Mr Lelio BENTES CORRÊA (Brazil),

Judge at the Labour Federal High Court (Tribunal Superior do Trabalho) of Brazil; LLM of the University of Essex, United Kingdom; former Labour Public Prosecutor of Brazil; Professor (Labour Team and Human Rights Team) at the Centro de Ensino Unificado de Brasilia.

Mr 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; Chairperson of the Advisory Panel for the Australian Centre for Child Protection; member of the Gender Committee and member of the Child Witness Handbook Committee of the Judicial College of Australia; previously a Barrister-at-Law; Judge and Deputy President of the South Australian Industrial Court and Commission; Deputy President of the Federal Administrative Appeals Tribunal; Reporter on a Child Protection framework for South Australia; Chairperson of the Human Rights Committee of the Law Society of South Australia; Director, National Rail Corporation; Commissioner on the Health Insurance Commission; Chairperson of the Australian Health Ethics Committee of the National Health and Medical Research Council; Honorary Solicitor for the South Australian Council for Civil Liberties; Solicitor for the Central Aboriginal Land Council; 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.

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 Judicial Academy; former member of the General Council and Executive Council of the West Bengal National University on Juridical Sciences (NUJS); founding member of the Asia-Pacific Advisory Forum on Judicial Education on equality law; Executive Council member of the Commonwealth Human Rights Initiative and member of various other national and regional bodies; Professor, Ford Foundation Chair on Human Rights, NUJS; Ombudsman (Eastern Region) of the Confederation of Indian Industries.

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 Yozo YOKOTA (Japan),

Professor, Chuo Law School; Special Adviser to the Rector, United Nations University; President, Centre for Human Rights Affairs (Japan); Commissioner, International Commission of Jurists; Board Member, Japan Association of International Human Rights Law and Japan Association of World Law; former Professor, University of Tokyo and International Christian University; former member, UN Sub-Commission on the Promotion and Protection of Human Rights.


Endnotes

Endnote 1

The subcommittee comprises a core group but its meetings are open to any other member of the Committee wishing to participate.

Endnote 2

Ms Laura Cox, who had presided over the discussion of the subcommittee since its first meeting in 2002, informed the Committee of her wish to stand down.

Endnote 3

See para. 23.

Endnote 4

Bosnia and Herzegovina and Serbia.

Endnote 5

Albania (submission of first reports on Conventions Nos 174, 175 and 176 due since 2005), Armenia (submission of the majority of the reports due, including first reports on Conventions Nos 100, 135 and 151 due since 1996, on Convention No. 174 due since 1998, and on Conventions Nos 17 and 98 due since 2005), Cambodia (submission of some of the reports due), Côte d'Ivoire (submission of first report on Convention No. 138 due since 2005), Kyrgyzstan (submission of first report on Convention No. 105 due since 2001, on Conventions Nos 150 and 154 due since 2005, and on Convention No. 182 due since 2006), Russian Federation (submission of first report on Convention No. 152 due since 2006), Saint Kitts and Nevis (submission of first report on Convention No. 100 due since 2002), Saint Lucia (submission of the majority of the reports due, including first reports on Conventions Nos 154 and 158 due since 2002), San Marino (submission of some of the reports due), Sao Tome and Principe (submission of the majority of the reports due), Serbia (submission of first reports on Conventions Nos 27, 113 and 114 due since 2003, and on Conventions Nos 8, 16, 22, 23, 53, 56, 69, 73 and 74 due since 2005), The former Yugoslav Republic of Macedonia (submission of some of the reports due, including the first report on Convention No. 105 due since 2005), United Kingdom (Montserrat) (submission of some of the reports due). The following countries have since replied to all or the majority of the Committee's comments: Albania, Bahamas, Botswana, Burkina Faso, Comoros, Cyprus, Dominica, Eritrea, Estonia, Grenada, Haiti, Indonesia, Islamic Republic of Iran, Jordan, Kazakhstan, Kiribati, Republic of Korea, Malawi, Malta, Papua New Guinea, Saint Lucia, Sao Tome and Principe, South Africa, Swaziland, United Republic of Tanzania, The former Yugoslav Republic of Macedonia and Trinidad and Tobago.

Endnote 6

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. 33-39) and observations on the submission to the competent authorities of the instruments adopted by the Conference (pp. 701-713).

Endnote 7

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

Endnote 8

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 9

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 10

See para. 29.

Endnote 11

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. 22, 96th Session, ILC, 2007). 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 12

Afghanistan (Conventions Nos 13, 111, 139); Antigua and Barbuda (Conventions Nos 14, 17, 87, 94, 111, 138); Barbados (Conventions Nos 26, 81, 87, 95, 97, 98, 100, 102, 105, 111, 118, 122, 128, 138, 144, 147); Belize (Conventions Nos 81, 94, 95, 97, 98, 100, 111, 115, 138, 141, 144, 150, 151, 154, 155, 156, 182); Bolivia (Conventions Nos 1, 19, 30, 77, 78, 81, 87, 95, 96, 98, 100, 105, 111, 118, 122, 124, 129, 131, 136, 138, 156, 182); Cambodia (Conventions Nos 4, 6, 13, 100, 105, 111, 122, 138, 150); Cape Verde (Conventions Nos 17, 19, 29, 81, 87, 98, 100, 111, 118, 182); Chad (Conventions Nos 87, 100, 111, 144, 182); Congo (Conventions Nos 6, 26, 29, 81, 87, 95, 98, 100, 105, 111, 138, 144, 149, 152, 182); Democratic Republic of the Congo (Conventions Nos 26, 62, 87, 94, 98, 100, 102, 105, 111, 117, 118, 119, 121, 138, 144, 158, 182); Denmark (Conventions Nos 27, 87, 152); Djibouti (Conventions Nos 19, 24, 26, 29, 37, 38, 87, 88, 95, 96, 99, 100, 105, 115, 120, 122, 125); Equatorial Guinea (Conventions Nos 29, 87, 98, 100, 105, 111, 138, 182); Ethiopia (Conventions Nos 87, 98, 111, 156); France (Conventions Nos 27, 87, 88, 96, 97, 98, 111, 122, 137); France: French Guiana (Conventions Nos 27, 35, 36, 37, 38, 42, 81, 95, 100, 111); France: French Southern and Antarctic Territories (Conventions Nos 98, 111); France: Guadeloupe (Conventions Nos 27, 42, 100, 111, 115); France: Martinique (Conventions Nos 27, 35, 36, 37, 38, 42, 81, 94, 100, 111, 129, 131); France: Réunion (Conventions Nos 27, 35, 36, 37, 38, 42, 100, 111); France: St. Pierre and Miquelon (Conventions Nos 42, 100, 111, 122); Gambia (Conventions Nos 87, 98); Guinea (Conventions Nos 26, 87, 90, 94, 95, 98, 99, 100, 111, 113, 115, 118, 119, 121, 122, 134, 136, 143, 144, 148, 152, 156); Guinea-Bissau (Conventions Nos 12, 17, 18, 19, 98, 100, 111); Guyana (Conventions Nos 19, 42, 97, 100, 111, 137, 144); Haiti (Conventions Nos 12, 17, 24, 25, 42, 81, 87, 98); Iraq (Conventions Nos 13, 17, 22, 23, 42, 94, 95, 98, 108, 115, 120, 136, 147, 167); Ireland (Conventions Nos 98, 122, 144, 178, 179); Jamaica (Conventions Nos 29, 87, 94, 98, 122); Kiribati (Conventions Nos 87, 98); Kyrgyzstan (Conventions Nos 14, 52, 77, 78, 79, 81, 87, 95, 98, 100, 122, 124, 148, 149); Lesotho (Conventions Nos 26, 29, 81, 100, 105, 111, 138, 150, 158, 182); Liberia (Conventions Nos 22, 53, 55, 58, 87, 92, 98, 105, 111, 112, 113, 114, 133, 147); Malawi (Conventions Nos 26, 29, 81, 97, 99, 100, 105, 111, 129, 138, 182); Malaysia (Conventions Nos 81, 95, 138, 182); Malaysia: Sabah (Conventions Nos 94, 97); Mali (Conventions Nos 6, 29, 81, 100, 105, 111); Mongolia (Conventions Nos 98, 100, 111, 122, 123, 138, 182); Nigeria (Conventions Nos 8, 26, 29, 32, 81, 94, 95, 97, 105, 111, 123, 138, 182); Pakistan (Conventions Nos 11, 27, 29, 32, 105, 182); Papua New Guinea (Conventions Nos 26, 27, 29, 99, 105, 138, 182); Peru (Conventions Nos 26, 29, 59, 71, 77, 78, 79, 81, 90, 99, 138, 182); Saint Kitts and Nevis (Conventions Nos 29, 105, 111, 144, 182); San Marino (Conventions Nos 88, 100, 119, 142, 143, 148, 156, 182); Senegal (Conventions Nos 6, 10, 13, 26, 95, 99, 102, 120, 121, 182); Seychelles (Conventions Nos 22, 26, 99); Sierra Leone (Conventions Nos 17, 26, 29, 59, 81, 87, 94, 95, 98, 99, 100, 111, 125, 126, 144); Slovenia (Conventions Nos 27, 32, 81, 97, 129, 131, 138, 143, 173, 182); Solomon Islands (Conventions Nos 26, 29, 81, 94, 95); Sudan (Conventions Nos 26, 81, 95, 122, 138, 182); Tajikistan (Conventions Nos 11, 29, 77, 78, 87, 95, 98, 100, 122, 124, 126, 138); Togo (Conventions Nos 26, 29, 87, 98, 100, 105, 111, 138, 143, 144, 182); Uganda (Conventions Nos 11, 26, 87, 94, 95, 98, 122, 123, 124, 143, 144, 158, 162); United Kingdom: Anguilla (Conventions Nos 8, 17, 22, 23, 26, 29, 59, 94, 97, 99); United Kingdom: Bermuda (Conventions Nos 59, 94); United Kingdom: British Virgin Islands (Conventions Nos 26, 59, 94, 97); United Kingdom: Gibraltar (Conventions Nos 59, 81); United Kingdom: Montserrat (Conventions Nos 8, 14, 29, 59, 95, 97); United Kingdom: St. Helena (Conventions Nos 17, 29, 108); Uzbekistan (Conventions Nos 29, 98, 100, 105, 111, 122); Zambia (Conventions Nos 11, 17, 97, 103, 124, 131, 158, 159, 173, 176, 182).

Endnote 13

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).

Endnote 14

Bosnia and Herzegovina (Convention No. 13); Angola, Kenya, Panama, Rwanda (Convention No. 17); Argentina, Djibouti, Dominica, Mauritania, Myanmar, Uganda, Bolivarian Republic of Venezuela (Convention No. 26); Angola (Convention No. 27); Sudan (Convention No. 29); Algeria (Convention No. 32); Chile (Convention No. 35); Peru (Convention No. 55); Peru (Convention No. 56); Paraguay, Sri Lanka (Convention No. 81); Australia, Bolivia, Cambodia, Equatorial Guinea (Convention No. 87); Angola, Djibouti, San Marino (Convention No. 88); Mexico (Convention No. 90); Brazil, Bulgaria, Cameroon, Central African Republic, Djibouti, France, Mauritania, Mauritius, Morocco, Netherlands, Netherlands - Aruba, Philippines, Rwanda, Singapore, Suriname, Uruguay, Yemen (Convention No. 94); Argentina, France - New Caledonia, Islamic Republic of Iran, Poland, Ukraine (Convention No. 95); Djibouti, Ghana (Convention No. 96); Australia, Costa Rica, Equatorial Guinea (Convention No. 98); Costa Rica, Libyan Arab Jamahiriya, Mauritania, Mexico (Convention No. 102); Czech Republic, Bolivarian Republic of Venezuela (Convention No. 111); Djibouti, France - French Polynesia (Convention No. 115); Italy, Libyan Arab Jamahiriya, Syrian Arab Republic, Tunisia (Convention No. 118); Democratic Republic of the Congo, Ghana, Ukraine (Convention No. 119); Paraguay (Convention No. 120); Chile, Japan, Libyan Arab Jamahiriya (Convention No. 121); Algeria, Cambodia, Cameroon, Comoros, Djibouti, Guinea (Convention No. 122); Trinidad and Tobago (Convention No. 125); France - New Caledonia (Convention No. 127); Libyan Arab Jamahiriya (Convention No. 128); Libyan Arab Jamahiriya (Convention No. 130); Brazil (Convention No. 136); Brazil (Convention No. 139); Belize, Chile, Colombia, Congo, Democratic Republic of the Congo (Convention No. 144); United Kingdom, United Kingdom - Isle of Man (Convention No. 147); Brazil, Costa Rica, Kazakhstan(Convention No. 148); Ecuador (Convention No. 152); Brazil (Convention No. 155); Australia, Cameroon, France, Gabon, Lesotho, Namibia, Papua New Guinea, Turkey, Uganda, Bolivarian Republic of Venezuela (Convention No. 158); Netherlands (Convention No. 159); Croatia (Convention No. 162); Norway (Convention No. 168); Brazil (Convention No. 170); United Kingdom (Convention No. 180).

Endnote 15

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).

Endnote 16

Sudan (Convention No. 29); Belarus, Equatorial Guinea (Convention No. 87); Equatorial Guinea (Convention No. 98); Indonesia (Convention No. 105); Czech Republic (Convention No. 111); Croatia (Convention No. 162).

Endnote 17

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

Endnote 18

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

Endnote 19

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

Endnote 20

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

Endnote 21

The Committee draws particular attention to the situation in the following 52 countries: Antigua and Barbuda, Bahrain, Bangladesh, Bosnia and Herzegovina, Burkina Faso, Cambodia, Cameroon, Cape Verde, Central African Republic, Chad, Chile, Comoros, Congo, Côte d'Ivoire, Croatia, Democratic Republic of the Congo, Djibouti, Dominica, Equatorial Guinea, Fiji, Gambia, Georgia, Ghana, Grenada, Guinea, Haiti, Ireland, Kazakhstan, Kenya, Kiribati, Lao People's Democratic Republic, Libyan Arab Jamahiriya, Mozambique, Nepal, Papua New Guinea, Paraguay, Peru, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Solomon Islands, Somalia, Sudan, Tajikistan, The former Yugoslav Republic of Macedonia, Turkmenistan, Uganda, Uzbekistan and Zambia.

Endnote 22

Document GB.291/9(Rev.), para. 73.

Endnote 23

ILO: Report III (Part 1B), ILC, 97th Session, 2008.


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