Handbook of procedures relating to international labour Conventions and Recommendations

X. Denunciation of Conventions

Conditions for denunciation

71. Every Convention (Endnote_1) contains an Article determining the conditions in which States which have ratified it may denounce it (i.e. terminate their obligations). (Endnote_2) Each Convention's precise terms have to be referred to, but in general:

(a) Conventions Nos. 1-25. Denunciation is possible at any time after an initial period of five or ten years (as indicated) of the Convention first coming into force;

(b) Conventions Nos. 26 and after. Denunciation is possible after an initial period of five or (more often) ten years (as indicated) of the Convention first coming into force, but only during an interval of one year. Denunciation similarly becomes possible again after subsequent periods of five or ten years, as indicated.

72. (a) The Governing Body has stated as a general principle that, in any case in which the denunciation of a ratified Convention may be contemplated, it is desirable for the government, before taking a decision, fully to consult the representative organizations of employers and workers on the problems encountered and the measures to be taken to resolve them. (Endnote_3)

73. Denunciation, according to the relevant Article in each Convention, is effected by an act communicated to the Director-General of the International Labour Office for registration. The instrument of denunciation must: (Endnote_5)

(a) clearly identify the Convention being denounced;

(b) be an original document (on paper, not a facsimile or photocopy) signed by a person with authority to engage the State (such as the Head of State, Prime Minister, Minister responsible for Foreign Affairs or Labour);

(c) clearly indicate that it constitutes a formal denunciation of the Convention concerned.

74. (a) On becoming aware of any case in which the denunciation of a Convention is contemplated, the Office will draw the attention of the government concerned to the general principle as to consultation referred to in paragraph 70(a) above.

(b) In any case in which a government communicates the denunciation of a Convention without any indication of the reasons which have led to its decision, the Office will request the government concerned to provide such indications for the information of the Governing Body. States which have ratified Convention No. 144 are under the obligation to include information on the tripartite consultations held prior to a denunciation in the reports provided under article 22 of the Constitution.

(c) Registration of denunciations. Every denunciation registered by the Director-General is notified to the Secretary-General of the United Nations, reported to the Governing Body and published in the Official Bulletin.

75. Denunciations take effect in accordance with the final Articles of each Convention (usually one year after they are registered by the Director-General).

Endnotes

Cross references
Conventions: C144
Recommendations:R152
Constitution: Article 22