Article 45bis Procedure to be followed in the event of the abrogation or withdrawal of Conventions and Recommendations (ILC Standing Orders)


Description:(ILC Standing Orders)

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Document No. (ilolex): 27199751B
Part II: Standing Orders concerning special subjects, Section E - Convention and Recommendation procedure. Adopted on 21 November 1919 at the First Session of the Conference. Revised and consolidated at the 27th Session. The present text of this article includes all amendments adopted up to the 97th Session (2008). The ILO is committed to promoting gender equality. Amendments to this effect were adopted at the 97th Session of the International Labour Conference (Geneva, 2008).

ARTICLE 45bis

Procedure to be followed in the event of the abrogation (Endnote 1) or withdrawal of Conventions and Recommendations

1. When an item to be placed on the agenda of the Conference concerns the abrogation of a Convention in force or the withdrawal of a Convention that is not in force or of a Recommendation, the Office shall place before the Governing Body a report containing all relevant information which the Office possesses on this subject.

2. When an item on abrogation or withdrawal is placed on the agenda of the Conference, the Office shall communicate to the governments, so as to reach them not less than 18 months before the opening of the session of the Conference at which the item is to be discussed, a short report and questionnaire requesting them to indicate within a period of 12 months their position, along with the reasons therefor, on the subject of the said abrogation or with drawal, along with the relevant information. This questionnaire shall request governments to consult the most representative organisations of employers and workers before finalizing their replies. On the basis of the replies received, the Office shall draw up a report containing a final proposal which shall be distributed to governments four months before the session of the Conference.

3. The Conference may decide to examine this report and the proposal which it contains directly in a plenary sitting or send it to the Selection Commit tee. At the end of this examination in the plenary or in the light of the report of the Selection Committee, as appropriate, the Conference shall decide by consensus or, failing that, by a preliminary vote by a two-thirds majority to submit the formal proposal for the abrogation or withdrawal to a final vote. This record vote shall take place no earlier than the day following the preliminary decision.


Endnotes

Endnote 1

Only applicable upon the entry into force of the Constitution of the International Labour Organisation Instrument of Amendment, 1997


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