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 Organisation on the action taken with regard to Conventions and Recommendations, held its 58th Session in Geneva from 10 to 23 March 1988. The Committee has the honour to present its report to the Governing Body.

2. The Committee noted with regret that Mr. A. SHIGEMITSU (Japan) had asked to be relieved of his duties as a member of the Committee. It paid tribute to the contribution that he had made to its work.

3. The Committee noted that, in order to fill the vacant seat, the Governing Body had appointed Mr. K. IKAWA (Japan), whom it was happy to welcome to the present session.

4. The present composition of the Committee is as follows:

Mr. Benjamin AARON (United States),

Mr. Roberto AGO (Italy),

Mrs. Badria AL-AWADHI (Kuwait),

Mr. Prafullachandra Natvarlal BHAGWATI (India),

The Right Honourable Sir William DOUGLAS, PC, KCMG (Barbados),

Mr. Arnold GUBINSKI (Poland),

Mr. Katsuichi IKAWA (Japan),

Mr. Semion A. IVANOV (USSR),

Bernd Baron von MAYDELL (Federal Republic of Germany),

Mr. Kéba MBAYE (Senegal),

Mr. Benjamin Obi NWABUEZE (Nigeria),

Mr. Edilbert RAZAFINDRALAMBO (Madagascar),

Mr. José María RUDA (Argentina),

Mr. Arnaldo Lopes SUSSEKIND (Brazil),

Mr. Antti Johannes SUVIRANTA (Finland),

Mr. Boon Chiang TAN (Singapore),

Mr. Fernando URIBE RESTREPO (Colombia),

Mr. Jean-Maurice VERDIER (France),

Mr. Budislav VUKAS (Yugoslavia),

Sir John WOOD (United Kingdom),

5. The Committee noted with regret that Mr. SUSSEKIND was unable to take part in its work this session.

6. The Committee elected Mr. J.M. RUDA as Chairman and Mr. E. RAZAFINDRALAMBO as Reporter of the Committee.

7. In pursuance of its terms of reference, as revised by the Governing Body at its 103rd Session (Geneva, 1947), the Committee was called upon to examine:

(i) the annual reports under article 22 of the Constitution on the measures taken by Members to give effect to the provisions of the Conventions to which they are parties, and the information furnished by Members concerning the results of inspection;

(ii) the information and reports concerning Conventions and Recommendations communicated by Members in accordance with article 19 of the Constitution;

(iii) the information and reports on measures taken by Members in accordance with article 35 of the Constitution.

8. The Committee, after an examination and evaluation of the above-mentioned reports and information, drew up its present report, consisting essentially of the following three parts: Part One is the General Report in which the Committee reviews general questions concerning international labour standards and other instruments and their implementation. Part Two contains observations concerning particular countries on the application of ratified Conventions (see section I and paragraphs 85 to 113 below), on the application of Conventions in non-metropolitan territories (see section II and paragraphs 85 to 113 below), and on the obligation to submit instruments to the competent authorities (see section III and paragraphs 114 to 125 below). Part Three, which is published in a separate volume (Report III (Part 4B)) reviews the reports supplied by governments under article 19 of the Constitution on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) and Recommendation, 1958 (No. 111) (see paragraphs 126 to 130 below).

9. In carrying out its task, which consists of indicating the extent to which the situation in each State appears to be in conformity with the terms of the Conventions and the obligations undertaken by that State by virtue of the ILO Constitution, the Committee has followed the principles of independence, objectivity and impartiality set forth in its previous reports. It has continued to apply the working methods recalled in its 1987 report.

10. The year 1988 is marked by anniversaries that are of particular importance for the International Labour Organisation. Forty years ago the United Nations proclaimed the Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations. It was also 40 years ago that the International Labour Organisation adopted one of its fundamental texts, the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). Thirty years ago it adopted another fundamental text, namely the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). By doing so it gave substance to two of the principles enshrined in the Universal Declaration of Human Rights: these principles it had itself set out in 1944 in the Declaration of Philadelphia, in the following terms: "freedom of expression and of association are essential to sustained progress" and "all human beings, irrespective of race, creed or sex, have the right to pursue both their material well-being and their spiritual development in conditions of freedom and dignity, of economic security and equal opportunity". These instruments are a permanent source of inspiration for the Committee in its efforts to ensure that international labour standards are incorporated into national laws and practices.

II. 40TH ANNIVERSARY OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS

11. The Committee notes that by resolution A/RES/41/150 of 1987 the General Assembly of the United Nations decided to commemorate the 40th anniversary of the Universal Declaration of Human Rights in 1988 and invited, inter alia, the specialised agencies to take appropriate action and to support the activities intended to encourage in an appropriate manner the promotion of the universal observance and exercise of civil and political rights as well as economic, social and cultural rights. In response to the appeal by the General Assembly of the United Nations, the Director-General of the International Labour Office stated that the International Labour Organisation would associate itself as fully as possible with this commemoration.

12. The Committee welcomes the decision of the Director-General to select human rights as the central theme for his report to the International Labour Conference in 1988. It will give all due attention to this Report and to the discussion of it in the Conference and the action taken as a result in the ILO for the promotion and protection of human rights. The Committee itself is conscious of the fact that the principles and objectives set out in the Universal Declaration and reiterated in the International Covenants on Human Rights are incorporated, in relation to the areas of competence of the ILO, in the international labour standards for which, under its terms of reference, it is responsible for supervising the implementation. In this connection, the Committee considers it particularly appropriate that this year its general survey deals with the Discrimination (Employment and Occupation) Convention (No. 111) and Recommendation (No. 111) 1958, of which 1988 marks the 30th anniversary and which translate into the field of labour the principle of equality of dignity and rights set forth in the first Articles of the Universal Declaration.

III. 40TH ANNIVERSARY OF THE FREEDOM OF ASSOCIATION AND PROTECTION OF THE RIGHT TO ORGANISE CONVENTION, 1948 (NO. 87)

13. On the occasion of the 40th anniversary of the adoption of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee wishes to emphasise the particular importance that it attaches to the application of this Convention, observance of which is necessary for the effective defence of the interest of workers and employers and their real participation in the economic and social life of their countries.

14. The importance and the universal value of the principles contained in Convention No. 87 have frequently been reaffirmed in resolutions adopted by the General Conference and the regional conferences of member States of the ILO and in the appeals made by the these Conferences to all countries for the full application of these principles. This universal value is also corroborated by the large number of ratifications (98 up to the present time).

15. The most recent resolution on freedom of association was adopted by the International Labour Conference at its 73rd Session in 1987. In this resolution, the Conference urges the governments of all those member States which have not yet ratified the Convention to do their utmost to do so in 1988. The resolution also calls upon governments to take all necessary steps for the full implementation of Convention No. 87, in particular by bringing their legislation into conformity with the principles enunciated in the Convention and to seek the assistance of the ILO as rapidly as possible when problems relating to the implementation of the principles of freedom of association are experienced or anticipated, with a view to resolving such problems.

16. In recent years, the Committee has been able to note with satisfaction that in certain countries trade union rights have been re-established in overall terms, particulary following far-reaching political changes, and that in others certain legislative amendments have ensured greater conformity between the national legislation and the principles set out in the Convention. These positive developments should not, however, conceal the fact that in certain countries the situation has hardly improved at all, or has even deteriorated, and that the laws and/or practice do not correspond to the requirements of the Convention.

17. These difficulties are linked in part to the acute economic problems facing States in the various parts of the world. However, the Committee is also bound to note with concern that restrictions on freedom of association are often the consequence of limitations of a general nature imposed on civil liberties. The Committee is therefore bound to emphasise once again that the fundamental guarantees of civil liberties, which should constitute the common ideal to be achieved for all peoples and all nations, condition the effective exercise of the principles of freedom of association. Therefore, it should never be forgotten that it is through the observance of these liberties that trade unions will be able to fulfil their vital function in society, namely of making a decisive contribution to social justice.

IV. GENERAL

Membership of the Organisation

18. Since the Committee's last session the number of member States of the ILO has remained at 150. The Committee has been informed that on 16 November 1987 the Government of the People's Republic of Poland informed the Director-General of the International Labour Office of its decision to rescind in notice of withdrawal from the International Labour Organisation. The Committee welcomes this decision.

New standards adopted by the Conference in 1987

19. The Committee has noted that at its 73rd Session (June 1987) the International Labour Conference did not adopt any new standards, but that the 74th (Maritime) Session of the Conference, which was held in Geneva from 24 September to 9 October 1987, adopted the Seafarers' Welfare Convention (No. 163) and Recommendation (No. 173) 1987; the Health Protection and Medical Care (Seafarers) Convention (No. 164) 1987; the Social Security (Seafarers) Convention (Revised) (No. 165) 1987; and the Repatriation of Seafarers Convention (Revised) (No. 166) and Recommendation (No. 174) 1987.

Obligations binding member States

20. The Occupational Health Services Convention, 1985 (No. 161) came into force on 17 February 1988. The Labour Statistics Convention, 1985 (No. 160) will come into force on 24 April 1988.

21. In 1987, 35 ratifications by 20 member States were registered. The total number of ratifications at 31 December 1987 was 5,308.

22. In 1987, the denunciation by New Zealand of the Underground Work (Women) Convention, 1935 (No. 45) was registered. On 9 February 1988, the denunciation by Luxembourg of the Protection against Accidents (Dockers) Convention, 1929 (No. 28) was registered. This brings the total number of denunciations not accompanied by the ratification of a revised Convention to 49.

23. The Committee notes that the Government of New Zealand stated that it had received the unreserved support of representative organisations of employers and workers and of the National Advisory Council on the Employment of Women. In support of its decision, the Government stressed that Convention No. 45 does not take into account the principles of equality laid down in international human rights instruments and embodied in New Zealand law. Dangerous and arduous working conditions are equally harmful to men and women, and improvements in working conditions and changes in attitudes have made many traditional views on women and work obsolete. Furthermore, women should no longer be denied access to the increasing job opportunities that have opened up in coalmining in recent years. In communicating to the Director-General the denunciation of Convention No. 28, the Government of Luxembourg indicated that it had consulted employers' and workers' organisations which had raised no objections to the denunciation, and it indicated its intention of proposing that Parliament approve the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152).

24. In 1987, seven new declarations without modifications were registered concerning the application of Conventions to non-metropolitan territories by the Netherlands (1) and the United Kingdom (6). The number of declarations on 31 December 1987 stood at 1,099 without modifications and 69 with modifications. The number of non-metropolitan territories was 31.

Constitutional and other procedures

25. The Committee was informed of the following decisions taken by the Governing Body in cases involving recourse to the constitutional procedures of complaint and representation and other procedures.

26. At its 238th Session (November 1987), the Governing Body approved the report of the Committee set up under article 24 of the Constitution to examine the representation made by the State Federation of Associations of Employers and Workers of the State Administration, alleging non-observance by Spain of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) and the Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117). As that Committee did not find that the Conventions in question had been violated, the Governing Body declared the initiated procedure closed.

27. At its 238th Session (November 1987), the Governing Body approved the recommendation of the Committee that it had set up to examine the representation made by the Hellenic Airline Pilots Association (HALPA) under article 24 of the Constitution alleging non-observance by the Government of Greece of the Forced Labour Convention, 1930 (No. 29) and the Abolition of Forced Labour Convention, 1957 (No. 105). In accordance with these recommendations, the Government should take the necessary steps to ensure that the national legislation, including in particular Legislative Decree No. 17 of 1974, is brought into line with the forced labour Conventions, as already requested by the Committee of Experts, and that any judicial or administrative action which might involve the imposition of the penalties provided for by Legislative Decree No. 17 is abandoned. Furthermore, the Government was invited to include in its reports supplied under article 22 of the Constitution on the application of Conventions Nos. 29 and 105 full information on the measures taken, in accordance with these recommendations, to secure observance of these two Conventions, so as to enable the Committee of Experts to follow the matter.

28. At its 238th Session (November 1987), the Governing Body approved the report of the Committee set up under article 24 of the Constitution to examine the representation made by several Japanese trade unions alleging non-observance by Japan of the Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96). As the Committee concluded that the Convention had not been violated, the Governing Body declared the initiated procedure closed.

29. At its 232nd Session (February-March 1986), the Governing Body had before it a complaint submitted by the Government of Tunisia under article 24 of the Constitution concerning the observance by the Libyan Arab Jamahiriya of the Protection of Wages Convention, 1949 (No. 95), the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) and the Equality of Treatment (Social Security) Convention, 1962 (No. 118) and a representation made by the Egyptian Trade Unions Federation under article 24 of the Constitution alleging non-observance by the Libyan Arab Jamahiriya of Conventions Nos. 95 and 111 above. It decided to examine the two cases together. As a result of several meetings which took place in 1986 and 1987 under the auspices of the International Labour Office, between Libyan and Tunisian delegations, the two Governments arrived at a settlement of the disputes between them concerning the expulsion of foreign workers by the Libyan Arab Jamahiriya. However, the International Labour Office did not succeed in instigating the meetings that it envisaged between the representatives of Egyptian and Libyan trade union organisations. In view of this lack of progress, the Egyptian Trade Unions Federation requested that the complaint be referred to a Committee of Inquiry. At its 238th Session (November 1987), after noting that the reasons which had led it to link the representation and the complaint no longer existed, the Governing Body decided that the representation procedure should resume its course, in accordance with article 24 of the Constitution and the Standing Orders concerning tripartite committee to examine the representation made by the Egyptian Trade Unions Federation against the Lybian Arab Jamahiriya.

30. In a letter dated 10 March 1987, the Ontario Secondary School Teachers' Federation submitted a representation, under article 24 of the Constitution, alleging non-observance by the Government of the Union of Soviet Socialist Republics of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) and the Employment Policy Convention, 1964 (No. 122). At its 238th Session (November 1987), the Governing Body decided to postpone consideration of this case to a later session.

31. During the 73rd Session (1987) of the International Labour Conference, several Employer delegates submitted a complaint under article 26 of the Constitution alleging that the Government of Nicaragua was not implementing in a satisfactory manner the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98) and the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144). At its 238th and 239th Sessions (November 1987 and February-March 1988), the Governing Body, taking into consideration the recommendations made by the Committee on Freedom of Association, decided to determine at a later session whether the complaint should be referred to a Commission of Inquiry.

32. At its 239th Session (February-March 1988) the Governing Body set up a tripartite committee of three members to examine a representation made under article 24 of the Constitution by the Trade Union Confederation of Workers' Committees alleging the non-observance by Spain of the Minimum Wage Fixing Convention, 1970 (No. 131).

33. The Committee also noted that the Committee on Freedom of Association of the Governing Body recommended that the present Committee's attention be drawn to certain aspects of the conclusions adopted in several of the cases examined by the Committee on Freedom of Association since March 1987 (248th to the 255th Reports). This applied in particular to the cases concerning Turkey (Cases Nos. 997, 999 and 1029), Liberia (Case No. 1219), Belgium (Case No. 1250), Paraguay (Cases Nos. 1275 and 1368), Guyana (Case No. 1330), Peru (Case No. 1369), Portugal (Case No. 1370), Fiji (Case No. 1379), Pakistan (Case No. 1383), the Dominican Republic (Case No. 1393), Burkina Faso (Case No. 1405), Argentina (Case No. 1409) and Denmark (Case No. 1418).

34. In its 252nd Report, the Committee on Freedom of Association submitted interim conclusions to the Governing Body concerning Turkey, in respect of which the constitutional procedure had been invoked. This concerns a representation under article 24 of the Constitution submitted by the General Federation of Norwegian Trade Unions regarding the non-observance of Conventions Nos. 11 and 98 (Cases Nos. 997, 999 and 1029).

Fourth European Regional Conference

35. The Fourth European Regional Conference of the ILO was held in Geneva from 15 to 22 September 1987. In addition to the discussion of the Report of the Director-General, which was devoted to examining the trends and problems in the fields of employment, labour relations, productivity and quality of working life, the Agenda of the Conference included two fundamental themes for the future of the region, namely: (i) "demographic development and social security" and (ii) "training and retraining - implications of technological change".

36. On the first subject, the Conference formulated guide-lines of a general nature concerning principally three major problems: the support and reinforcement of the family, maintenance of income for the elderly, ageing of the population and the increasing cost of medical care. On the second subject, the Conference adopted conclusions concerning training and retraining, which contain, inter alia, an appeal for the ratification of the Human Resources Development Convention, 1975 (No. 142). It also adopted a resolution concerning the strengthening of European dialogue on initial and continuous training and retraining, taking account of technological change.

37. Furthermore, the Conference adopted five resolutions on occupational safety and health, employment policy and environmental protection, migrant workers, co-operation between Europe and the developing countries (in particular Africa and the least developed countries), and the promotion of the spirit of enterprise.

Functions in regard to other international and regional instruments

International Covenant on Economic, Social and Cultural Rights

38. Under the procedure established by the Economic and Social Council of the United Nations by resolution 1988 (LX) of 11 May 1976, the International Labour Organisation is called upon to report to the Council, in accordance with Article 18 of the International Covenant on Economic, Social and Cultural Rights, on the progress made in achieving the observance of the provisions of the Covenant falling within the scope of its activities. The Governing Body of the International Labour Office entrusted this task to the present Committee. Since 1978 the Committee has at each of its sessions examined the position in a number of States Parties to the Covenant and has presented to the Economic and Social Council nine reports on the progress made in the observance of the provisions of the Covenant.

39. By resolution 1985/17, the United Nations Economic and Social Council decided to set up a Committee on Economic, Social and Cultural Rights, composed of 18 experts sitting in a personal capacity with the responsibility for examining the reports on the application of the Covenant. As from 1987 this new Committee succeeds the Working Group of governmental experts that the Economic and Social Council had set up in order to assist it in its examination of the reports on the application of the International Covenant on Economic, Social and Cultural Rights. Following the creation of this new Committee, the present Committee re-examined last year the contribution that should be made by specialised agencies to the application of the Covenant, and in particular the most appropriate way for the ILO to report in accordance with Article 18 of the Covenant. It submitted a note on this question to the Governing Body.

40. In accordance with the recommendation of the Committee of Experts, the Governing Body decided at its 236th Session (May 1987), to entrust to the International Labour Office the task of communicating to the United Nations, for presentation to the Committee on Economic, Social and Cultural Rights, information on the results of the operation of the various ILO supervisory procedures, in so far as they bear on matters covered by the Covenant. However, it remains open to the Committee of Experts to report on particular situations, whenever it considers it to be desirable or when it is specifically requested to do so by the Committee on Economic, Social and Cultural Rights.

41. In accordance with this decision, by a communication dated 22 December 1987, the International Labour Office conveyed to the Secretary-General of the United Nations, for transmission to the Committee on Economic, Social and Cultural Rights, a report containing information concerning the situation in ten States whose reports were communicated to the Office by the United Nations. Four of these reports (Austria, Canada, Panama, Zaire) concerned the implementation of Articles 6 to 9 of the Covenant, which deal with the right to work, the right to just and favorable conditions of work, freedom of association, and the right to social security. For eight other reports (Bulgaria, Cameroon, Chile, Norway, Panama, Romania, Tunisia and Zaire) the information communicated concerned the implementation of Article 10 of the Covenant, as regards the protection of maternity, and the protection of children and young persons in employment and work.

42. The Committee notes with interest that the Committee on Economic, Social and Cultural Rights has stressed the importance of the specialised agencies extending to it their full support and co-operation. It also notes in this connection that the Committee, at its second session (8-26 February 1988), welcomed the regular attendance of the ILO representative and the pertinence of his observations.

European Code of Social Security and Protocol thereto

43. In accordance with the established supervisory procedure, copies of reports regarding the European Code of Social Security and the Protocol thereto, which had been submitted by 13 States having ratified these instruments, were sent to the Office by the Secretary-General of the Council of Europe, including the first report from Portugal. The Committee has examined all these reports, as well as additional information, which enabled it to observe that the majority of the States Parties to the Code and the Protocol continue to apply them in full or nearly in full. At the sitting of the Committee in which it examined the report on the application of the European Code of Social Security and the Protocol thereto, the Council of Europe was represented by Mr. S.G. Nagel, Head of the Social Security Section of the Economic and Social Affairs Directorate. The conclusions of the Committee regarding these reports will be sent to the Council of Europe. The Committee also noted that two representatives of the ILO participated as technical advisers in the meeting of the Steering Committee for Social Security of the Council of Europe, held at Strasbourg in November 1987. As in previous years, the Steering Committee approved the conclusions of the Committee of Experts, thus expressing its confidence in the ILO's supervisory procedures.

Convention on the Elimination of All Forms of Discrimination against Women

44. By virtue of Article 22 of the United Nations Convention on the Elimination of All Forms of Discrimination against Women, 1979, the specialised agencies are entitled to be represented at the consideration of the implementation of such provisions of the Convention as fall within the scope of their activities and the Committee for the Elimination of Discrimination against Women (CEDAW), which is responsible for examining reports of States which are parties to the Convention on its implementation, may invite the specialised agencies to submit reports on the implementation of the Convention in areas falling within the scope of their activities. The Committee of Experts has been informed that the International Labour Office has submitted to the seventh session of the CEDAW (February 1988) a report on the application of the Articles of the Convention in areas which are within the scope of its activities, following a request by the CEDAW at it sixth session (April 1987), and that a representative of the ILO attended the seventh session of the CEDAW.

Collaboration with other international organisations

45. In the context of the collaboration established with other international organisations on questions concerning the supervision of the application of international instruments relating to subjects of common interest, copies of the reports received under article 22 of the Constitution were forwarded to the United Nations and to other specialised agencies and intergovernmental organisations with which the ILO has entered into special arrangements for this purpose.

46. Thus, in accordance with established practice, copies of the reports received on the Indigenous and Tribal Populations Convention, 1957 (No. 107) and the Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) were forwarded for comments to the United Nations, the United Nations Food and Agriculture Organisation (FAO), and the United Nations Educational, Scientific and Cultural Organisation (UNESCO). In addition, copies of reports received on Convention No. 107 were forwarded to the World Health Organisation (WHO) and the Inter-American Indian Institute of the Organisation of American States. Also, copies of reports on the Nursing Personnel Convention, 1977 (No. 149) were forwarded to the World Health Organisation and copies of reports on the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) were sent to the WHO, UNESCO and the United Nations. Copies of reports on the Human Resources Development Convention, 1975 (No. 142) were forwarded to UNESCO and copies of reports on the Rural Workers' Organisations Convention, 1975 (No. 141) were communicated to the FAO. Also, copies of reports on the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147) were forwarded to the International Maritime Organisation (IMO). Representatives of these organisations were also invited to attend the sittings of the Committee of Experts when the Conventions in question were discussed. UNESCO was represented by Mr. A. Raffray, Representative of UNESCO to the United Nations Office and Specialised Institutions in Geneva.

47. In the context of the collaboration with the Council of Europe, an ILO representative attended, in an advisory capacity and in accordance with Article 26 of the European Social Charter, the 77th, 79th, 81st and 83rd sessions of the Committee of Independent Experts set up to supervise the application of the Charter, held in Strasbourg in May 1987 and in February 1988, and in Grenada in October 1987. The ILO was also represented at a round table discussion marking the 25th anniversary of the Social Charter which took place in October 1987 in Grenada.

Questions concerning the application of Conventions

Application of Conventions to offshore industrial installations

48. As the Committee indicated in its 1987 report, it proposes to examine these questions further when the preliminary study initiated by the Office on this subject has been completed.

Application of Conventions in export-processing zones and enterprises

49. As the Committee indicated in its 1987 report, it is continuing its examination of this question, where appropriate, within the framework of its regular supervision of the application of ratified Conventions, namely in the observations and direct requests addressed to the countries concerned.

Application of the Employment Policy Convention, 1964 (No. 122)

50. This year the Committee has examined the application of the Convention in 44 countries. As usual, it has made observations and direct requests addressed to the individual countries which have ratified the Convention, in some cases dealing with positive measures taken and developments noted in the implementation of the Convention's aims.

51. In carrying out its task of supervising the application of this Convention and determining how far a policy of full, productive and freely chosen employment has been pursued in the terms of Article 1, the Committee has often been greatly assisted by the serious efforts manifestly made by governments to provide as much of the detailed information requested in the report form adopted by the Governing Body and in the Committee's own comments as possible. The Committee has also relied in several cases on the very useful co-operation received from ILO regional employment teams (especially PREALC, in respect of Latin American countries) as well as the responsible services at ILO headquarters. The ability to collect and analyse information about the employment situation remains one of the prerequisites for a government's application of an employment policy in the terms of the Convention: it is also one of the areas where the expert services of the ILO are uniquely well-placed to provide assistance to developing countries which frequently have such difficulty in this respect. The Committee is therefore most grateful to the Office for all the cases where it is apparent that its advice and practical help have enabled governments to improve their employment data collection and analysis specifically with a view to the formulation and application of a policy along the lines advocated by the Convention. It would hope that this kind of Office activity can become more widespread, and that governments will include in their reports full information on the manner in which technical co-operation - particularly from the ILO - has assisted them.

52. It is clear that Convention No. 122 and the group of instruments on related subjects (e.g. human resources development, employment services) stand to gain most from the closer co-ordination of standard-setting activities and technical co-operation, which was the subject of a report by the Director-General to the 1987 Session of the Conference. The Committee has therefore noted with interest the arrangements made by the Director-General to ensure such co-ordination, and it is confident of the benefit for the implementation of this Convention in particular (see below paragraphs 73 to 75).

53. The Committee has had occasion in the past to refer to the difficulties experienced in particular by many developing countries in pursuing an employment policy in the terms of the Convention in an international environment marked by massive debt problems, contracting trade and depressed economic activity. The Committee noted the importance of closer co-ordination between the international agencies (including the International Monetary Fund and the World Bank) involved in advising and assisting governments on economic and employment policy. At this session, it has welcomed the endorsement by the Conference Committee on the Application of Conventions and Recommendations in 1987 of the view that the ILO has an essential contribution to make in ensuring that international commercial, financial and monetary policies take account of their social and human effects and especially their effects on employment. The Employers' members of that Committee stressed that the solution of employment problems depends on coherent and balanced measures in all areas, including economic, fiscal and monetary policies. And the Workers' members welcomed the High-Level Meeting on Employment and Structural Adjustment organised later in 1987 by the ILO, and hoped that it would yield concrete proposals which would help to improve the employment situation and avoid the undesirable consequences of adjustement policies.

54. That Meeting assembled delegations both from governments, employers and workers of member States of the ILO and from concerned international agencies and financial institutions. It noted the serious consequences on employment of the heavy debt burden of developing countries, which must be dealt with through international co-operation in a climate of open world trading. Structural adjustment policies designed for developing countries must include measures to increase employment opportunities for vulnerable groups of the population and give direct attention to the rural sector, the Meeting concluded. It considered that ILO action could be intensified in co-operation with other agencies to assist countries in making structural adjustment, by, amongst other things, developing employment statistics, assisting the poorest people to increase their productive capacity, and studying successful cases of employment-generating structural adjustment programmes in developed as well as developing countries. It concluded that the ILO should promote tripartite consultation and co-operation on adjustment and remain vigilant in ensuring full respect for its standards on employment, human rights and tripartism. The Committee hopes to continue to make its own contribution to these actions through its supervision of Convention No. 122, a procedure which is certainly unique in the international system in facilitating a structured dialogue on the basis of the solemn obligations accepted by over 70 countries around the world in ratifying the Convention and one which it trusts the Organisation will take full advantage of. In this context, the Committee has noted the brief references to its work on Convention No. 122 in the documents of the Governing Body Committee on Employment meeting in November 1987 in its discussion of the employment situation in the world and ILO activities in the employment field.

55. Of the developing countries, many governments have referred in their reports to "stabilisation" or "structural adjustment" programmes - sometimes adopted as a result of consultations with international financial institutions, but in any event measures of austerity which have been regarded as at the same time necessary in order to deal with economic crisis yet involving negative effects on employment. It seems to the Committee that such cases are prime examples of where the conclusions adopted by the High-Level Meeting referred to in the previous paragraph might be directly applied. Whilst it is evident to the Committee that the technical co-operation and assistance offered by the ILO has had the potential to accomplish a great deal in such fields as special public works programmes and other employment generation projects, vocational training, labour administration and development planning in these countries, it is equally clear from the reports that when austerity programmes are imposed the effect of such assistance may be greatly diminished, to the point where unemployment and underemployment continue unchecked. It is for this reason, namely that the implementation of the obligations flowing from ratification of the Convention is prevented in these circumstances, that the Committee feels able to express the hope that member States in this situation may soon begin to feel the benefit of the sort of co-operation called for by the High-Level Meeting, and that their next reports on the Convention may reflect the fact.

56. The Committee's examination of governments' reports this year has revealed several cases of industrialised countries where the level of unemployment has fallen. In some cases this seems to be at least partly due to demographic reasons (a slowing down in the growth of the labour force); but various governments have indicated that this positive development follows from a series of labour market policy measures (e.g. Sweden, where a situation of near full employment may be said to exist, and Canada) or from macro-economic policies which have favoured employment (e.g. Australia) and economic growth (e.g. Federal Republic of Germany). In other cases, however, it seems that unemployment rates have risen (e.g. Austria) or remained very high in spite of economic growth (e.g. Italy, Spain). In one or two other cases in particular circumstances, governments have indicated that there is no unemployment problem (e.g. Hong Kong). Concerning the structure of unemployment, a trend towards reduction of youth unemployment may be observed (e.g. Canada, Federal Republic of Germany, Sweden) brought about mainly by special training and employment programmes. These are increasingly becoming a feature of labour policies and even in countries of high employment are used to ensure a well-trained, flexible work force. However, long-term unemployment has in general continued to worsen with only one or two exceptions. The development of irregular forms of employment has played a part in reducing or curtailing unemployment (part-time work, temporary work, short contracts) but these are not always what workers would voluntarily choose and may be used to avoid what are otherwise regarded as basic minimum standards. The Committee welcomes the signs of some reversal of the continuous advance of unemployment, but must still monitor carefully the many worrying aspects. It therefore insists that governments should remain committed to the promotion of full productive and freely chosen employment as a principle of the Convention which should be a major goal of social policy, to be implemented through social dialogue.

57. The Committee once again welcomes the interest in the application of the Convention expressed by employers' and workers' organisations which have made observations concerning the situation in their respective countries. Whilst in most industrialised countries mechanisms for consultation at the national level on employment policies are well-established, in many developing countries this is less evident. The Committee has continued to try to elicit information from all States which have ratified the Convention as to steps taken to ensure consultations in conformity with Article 3 of the Convention. It has particularly pointed out to various developing countries where the rural sector and the informal sector make up the greater part of the national economy the need to ensure consultations also with persons in those sectors affected by the measures to be taken. As Article 3 indicates, such consultation is aimed at taking account of those people's experience and views and securing their co-operation in such policies. It would thus be desirable for all governments of countries bound by the Convention to consider from time to time whether mechanisms need to be instituted or improved in order to ensure that this objective is as effectively achieved as possible.

Application of the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129)

58. The Committee notes with concern that in many countries which have ratified the Labour Inspection Convention, 1947 (No. 81) and/or the Labour Inspection (Agriculture) Convention, 1969 (No. 129) some of the fundamental provisions of the two Conventions are not fully applied. The provisions in question are those laying down measures of a practical nature to ensure the effective functionning of the labour inspection services: the recruitment of sufficient numbers of inspectors capable of performing the various tasks entrusted to them, and to furnish the inspectors with the transport and other material resources that are indispensable for the performance of their duties. The Committee hopes that governments will recognise the very important role of the inspection services in the field of labour protection will endeavour to fulfil the obligations resulting from Convention No. 81 (Articles 10 and 11) and Convention No. 129 (Articles 14 and 15).

59. Furthermore, a very large number of countries continue to experience difficulties in applying the provisions concerning the publication and transmission to the International Labour Office of the annual inspection reports provided for in Convention No. 81 (Article 20) and Convention No. 129 (Article 26). The Committee recalls once again that it attaches very great importance to these reports which enable an assessment to be made, at both the national and international levels, of the practical results of labour inspection activities. It refers in this connection to Chapter VII of its General Survey of 1985 on Labour Inspection and its general observation of 1986 under Convention No. 81.

60. In drawing attention to the above problems, the Committee expresses the firm hope that the governments concerned will not fail to take the necessary measures, possibly with the assistance of the International Labour Office, to achieve progress in this regard.

Application of Conventions on the night work of women

61. In its 1986 report, the Committee, observing the growing difficulties encountered in the application of the Conventions on the night work of women and the high number of denunciations (13) of these Conventions, noted that the Governing Body would have a proposal of the Office before it to include in the agenda of the 1988 Session of the Conference an item concerning the revision of the Night Work (Women) Convention, (Revised), 1948 (No. 89) and it called the attention of the Governing Body to the importance of seeking a rapid solution to this problem. The Committee notes that the Governing Body decided to include an item in the agenda of the 1989 Conference concerning "Night Work" which will cover: the partial revision of Convention No. 89 through the adoption of a Protocol and the formulation of new standards on night work in general.

Application of the White Lead (Painting) Convention, 1921 (No. 13)

62. During its examination of the application of the White Lead (Painting) Convention, 1921 (No. 13), for which detailed reports were due at its present session, the Committee noted increasing difficulties in the application of Article 3, paragraph 1, of the Convention. Under this provision, the employment of males under 18 years of age and of all females shall be prohibited in any painting work of an industrial character involving the use of white lead or sulfate of lead or other products containing these pigments. In a number of countries, the provisions of the national legislation which gave effectto this provision of the Convention in respect of women have been repealed or replaced by provisions prohibiting the employment in the above work only of pregnant women, women of reproductive capacity or women nursing children. In several countries, similar provisions are contemplated.

63. The Committee notes that in the countries where the prohibition on employing women in the work referred to in the Convention has been repealed, this has been done in pursuance of the principle of equality between men and women regarding access to employment. In the countries where the prohibition has been restricted, this decision was taken in pursuance of the principle that prohibitions covering workers of one sex are only justifiable when they are based on the specific risks to which workers of that sex are liable in that job. In the case of the work referred to in the Convention, a prohibition covering all women would not be scientifically justified, although it would be justified for women who are of reproductive age, due to the proven risks for the embryo and the foetus of exposure to products with a high lead content.

64. The Committee is aware that since the adoption of Convention No. 13 in 1921 there has been an evolution of attitudes and scientific knowledge which could justify a re-examination of the general prohibition on the employment of women set forth in Article 3, paragraph 1. It notes that in the resolution adopted in 1985 on equal opportunities and equal treatment for men and women in employment, the International Labour Conference set out, in paragraph 5, certain principles concerning protective legislation and called, in paragraph 15(a), for the future action of the International Labour Office to include periodical reviews of the protective instruments to determine whether their provisions are still adequate and appropriate in the light of experience acquired since their adoption, and of scientific and technical information and social progress.

65. Nevertheless, the Committee is bound to assess the application of the provisions of Conventions as they were adopted by the International Labour Conference. It can only note, therefore, that provisions which authorise the employment of women in the work covered by the Convention or which restrict the prohibition on employment to certain categories of women do not give effect to Article 3, paragraph 1, of the Convention, the terms of which are unequivocal and cover all women.

66. The Committee believes it should call the attention of the Governing Body to the increasing difficulties encountered in the application of Article 3, paragraph 1, of the Convention so that it can examine the necessary measures to resolve theses difficulties.

V. PROCEDURE OF DIRECT CONTACTS AND OTHER FORMS OF ASSISTANCE TO GOVERNMENTS

Direct contacts and assistance regarding standards

67. In 1987, direct contacts missions concerning freedom of association took place in the Dominican Republic and Turkey.

68. The Regional Advisers on international labour standards, whose tasks consist essentially of assisting governments to fulfil their obligations under the ILO Constitution and ratified Conventions, visited the following countries: Africa: Angola, Benin, Cameroon, Central African Republic, Congo, Ethiopia, Gambia, Ghana, Guinea, Guinea-Bissau, Kenya, Senegal, Sierra Leone, Tanzania, Uganda, Zaire; America: Bolivia, Costa Rica, Cuba, Dominican Republic, Ecuador, Mexico, Panama, Peru, Uruguay; Asia and the Pacific: Fiji, India, Lao People's Democratic Republic, Malaysia, Nepal, Pakistan, Papua New Guinea, Philippines, Solomon Islands.

69. The Committee welcomed the continuation of the programme of courses and seminars designed to familiarise the officials of national labour administrations and workers' and employers' representatives with the obligations of member States and with ILO procedures relating to Conventions and Recommendations.

70. During 1987, ten officials from the following nine countries undertook training (normally of two weeks' duration) in the International Labour Standards Department: Burundi, Congo, Cuba, Gabon, Ghana, Guinea, Libyan Arab Jamahiriya, Niger, Yugoslavia.

71. In 1987, three regional seminars on international labour standards were held for officials directly responsible for questions related to international labour standards. The first, intended for the Arab countries of West Asia, in which officials from nine countries and the Arab Labour Organisation participate, was held in Geneva. The second, in which officials from 18 Latin American countries and Equatorial Guinea and representatives of employers' and workers' organisations participated, was held in Montevideo (Uruguay). A tripartite regional seminar for Latin American countries on freedom of association was held in Buenos Aires (Argentina). In addition, the Regional Advisers on standards participated in the work of a number of seminars organised by other ILO departments in various regions of the world.

72. Tripartite national seminars on international labour standards were held in the following countries: Costa Rica, Ghana, Jordan, Lao People's Democratic Republic, Malaysia, Papua New Guinea, Philippines, Solomon Islands, Sudan, Uganda. Seminars for employers were organised in Pakistan, and for workers in Malaysia and Pakistan. Furthermore, a seminar for the trade union leaders of the West African Workers' Organisation was held in Benin on freedom of association, and a tripartite seminar organised by the Confederation of Trade Unions of Malta was held in Malta on the ILO Conventions relating to human rights.

Standard-setting activities and technical co-operation

73. The Committee welcomed the recent administrative measures taken by the International Labour Office to strengthen the links between international labour standards and the technical co-operation activities of the ILO. These measures are based on the principle that the development and application of international labour standards and technical co-operation are the two principal channels of action available to the ILO in order to promote the objectives of social justice that were set for it by its constituent bodies. The complementary nature of these two activities derives from the text of article 10 of the ILO Constitution and the more detailed provisions set out in this connection in the Declaration of Philadelphia. These guide-lines have been unceasingly recalled by the Conference and the Governing Body over the past 25 years which have been marked by a constant extension of programmes of practical activities. Even if, in general, the primary objective of technical co-operation is not directly to promote the standard-setting provisions adopted by the International Labour Conference, these practical ILO activities cannot in any circumstances be in contradiction with the basic principles governing these standards. Activities should be undertaken in such a way that they contribute by every possible means to the development and application of standards, or at the very least to creating the conditions enabling governments to put them into practice and give them statutory effect, if they consider this desirable and possible.

74. The Committee notes with interest the measures that have already been taken to give the fullest possible information to the external services and the experts of the Office regarding developments in the field of standards which may concern their local projects and activities, including, where appropriate, the comments made by the Committee itself. These measures should assist the ILO services working in the field to be more effective in assisting they give to governments, employers' and workers' organisations in their efforts to give effect to ILO standards in law and in practice.

75. The Committee also notes the very special contribution made by certain regional and national technical co-operation projects to the achievement of the objectives set by international labour standards. As it has noted in paragraph 51 of its report, regional employment promotion teams contribute to a better application of the Employment Policy Convention, 1964 (No. 122) by assisting towards a greater understanding of the scope and nature of employment problems and in defining the policies to be applied. Similarly, regional labour administration centres contribute directly to improving the application of the labour inspection and administration Conventions and, indirectly, to improving the application in practice of other ratified Conventions. The Committee also notes that projects are currently being carried out in a number of countries, in fields such as labour legislation, occupational safety and health, social security, maritime labour, training and labour administration. It can only encourage the continuance of such endeavours and it hopes that the organisations that finance international technical co-operation will be able to support them with adequate resources.

VI. ROLE OF EMPLOYERS' AND WORKERS' ORGANISATIONS

76. At each session, the Committee draws the attention of governments to the role that employers' and workers' organisations are called upon to play in the application of Conventions and Recommendations and to the fact that numerous Conventions require consultation with employers' and workers' organisations, or their collaboration on a variety of matters.

77. The Committee has noted with satisfaction again this year that almost all governments have indicated in the reports supplied under article 22 of the Constitution the representative organisations 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 ILO. (Endnote 1) Almost all governments have also indicated the organisations to which they have communicated copies of the information supplied to the ILO on the submission to the competent authorities of instruments adopted by the Conference (Endnote 2) and the reports due under article 19 of the Constitution. (Endnote 3)

78. In accordance with the established practice, the ILO sent to the representative organisations of employers and workers a letter concerning the various opportunities open to them of contributing to the implementation of Conventions and Recommendations, accompanied by relevant documentary material, and a list of the reports due from their respective governments and copies of the Committee's comments to which governments were invited to reply in their reports.

Observations by employers' and workers' organisations

79. Since its last session, the Committee has received 182 observations, 59 of which were communicated by employers' organisations and 123 by workers' organisations. This figure, which increases unceasingly year after year is the highest on record and shows the ever-growing interest of employers' and workers' organisations in the implementation of ILO standards and reflects the constant efforts made by the supervisory bodies and the Office to give interested organisations complete information on their role in this area.

80. The majority of observations received (164), relate to the application of ratified Conventions. (Endnote 4) Eighteen observations relate to the reports provided by governments under article 19 of the Constitution relating to the Discrimination (Employment and Occupation) Convention (No. 111) and Recommendation (No. 111), 1958. (Endnote 5)

81. The Committee notes that, of the observations received this year, 118 were transmitted directly to the ILO, which, in accordance with established practice, referred them to the governments concerned for comment. In 64 cases the governments transmitted the observations with their reports, sometimes adding their own comments. Part Two of this Report contains the Committee's comments on cases where the observation raised an issue concerning the application of ratified Conventions.

82. The Committee also examined a number of other observations by employers' and workers' organisations whose examination had been postponed from the last session because the observations of the organisations or the replies of the governments had arrived just before or just after the session. It had to postpone the examination of a number of observations to its next session, when they were received too close to or even during the Committee's meeting, so as to allow sufficient time for the governments concerned to make comments and for the Committee to consider the matters involved.

83. The Committee notes that in most cases the occupational organisations had endeavoured to gather and present precise facts on the application in practice of ratified Conventions. It notes that the matters dealt with in its observations have touched on a very wide array of Conventions relating to the following subjects: the right to organise and the right to collective bargaining, employment policy, forced labour, protection of wages, discrimination, health and safety, maritime work, migrant workers, labour administration, labour inspection, weekly rest, indigenous and tribal populations, and so forth.

84. The Committee notes with interest that the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) has now received 43 ratifications. The Committee hopes that in accordance with the favourable ratification prospects noted in the General Survey on the Convention in 1982, (Endnote 6) many more countries will be able to ratify it.

VII. REPORTS ON RATIFIED CONVENTIONS

Supply of reports

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

86. In accordance with the procedure for reporting that has been in force since 1977, detailed reports from all ratifying States, covering the period ending 30 June 1987, were due to be examined this year in respect of 41 Conventions. (Endnote 7) In addition, detailed reports were also requested from certain governments on other Conventions, in accordance with the criteria for more frequent reporting approved by the Governing Body and set out in paragraph 38 of the Committee's 1977 report.

Reports requested and received

87. A total of 1,793 detailed reports were requested from governments on the application of Conventions ratified by States Members (article 22 of the Constitution). At the end of the present session of the Committee, 1,408 of these reports had been received by the Office. This figure corresponds to 78.4 per cent of the reports requested, compared with 79.2 per cent last year. The Committee regrets that, as indicated in paragraph 99 below, a number of reports received are incomplete and do not enable it to reach conclusions regarding the application of the Conventions concerned. A table showing reports received and reports overdue, classified by country and by Convention, is to be found in Part Two (section I, Appendix I). Another table (section I, Appendix II) shows, for each year in which the Committee has met since 1933, the number and percentage of reports which were received by the prescribed date, by the date of the meeting of the Committee and by the date of the Session of the International Labour Conference.

88. In addition, 378 reports were requested on Conventions which have been declared applicable with or without modifications to non-metropolitan territories (articles 22 and 35 of the Constitution). Of these, 288 reports, or 76.1 per cent, had been received by the end of the Committee's session. A list of the reports received and those which are overdue, classified by territory and Convention, may be found in the Appendix to section II of Part Two of this report.

89. Apart from the above-mentioned reports, 34 governments also supplied general reports on the Conventions for which detailed reports were not due for the period under review: Antigua and Barbuda, Barbados, Bahrain, Belgium, Burkina Faso, Burma, Burundi, Canada, Chad, Chile, Colombia, Cyprus, Equatorial Guinea, Ethiopia, Finland, Gabon, Ireland, Kenya, Mongolia, Mozambique, New Zealand, Philippines, Poland, Rwanda, Saudi Arabia, Singapore, South Africa, Sri Lanka, Suriname, Switzerland, Tunisia, Turkey, United States, Venezuela.

90. In those cases in which the reports were not accompanied by copies of the relevant legislation, statistical data or other documentation necessary for their full examination, and this material was not otherwise accessible, the Office, as requested by the Committee, wrote to the governments concerned asking them to supply the necessary texts in order to enable the Committee to fulfil its task.

Compliance with reporting obligations

91. Most of the governments from which reports were due on the application of ratified Conventions have supplied all or most of the reports requested, as can be seen from Appendix I to Part Two, section I. However, 30 governments have not complied with their obligation to supply reports on ratified Conventions. Thus, all or the majority of the reports due this year have not been received from the following countries: Afghanistan, Cape Verde, Central African Republic, Congo, Democratic Yemen, Djibouti, El Salvador, Grenada, Islamic Republic of Iran, Democratic Kampuchea, Kuwait, Lao People's Democratic Republic, Lebanon, Libyan Arab Jamahiriya, Mauritania, Panama, Papua New Guinea, Seychelles, Sierra Leone, Sudan, United Arab Emirates, Venezuela, Yemen; Denmark (Greenland), Netherlands (Netherlands Antilles), New Zealand (Cook Islands, Nieu Islands). No reports have been received for the last two years from the following countries: Fiji, Haiti, Sao Tome and Principe; and for the last three years from Saint Lucia.

92. The Committee urges the governments of these countries, and also of those which have sent only some of the reports due, to make every effort to supply the reports requested on ratified Conventions. Where no reports have been sent for a number of years, it seems likely that some particular problem of an administrative or technical nature is preventing the government concerned from fulfilling its constitutional obligations, and it may be that in cases of this kind assistance from the Office, in particular the help of the regional advisers on standards, could enable the government to overcome its difficulties.

Late reports

93. The Committee again feels it necessary to stress the importance of communicating reports in due time. Reports are requested on ratified Conventions by 15 October each year. Due consideration is given when fixing this date to the time required to translate the reports, where necessary, to conduct research into legislation and other necessary documents, and to examine reports and legislation. The supervisory procedure can function correctly only if reports are communicated in due time. This is particularly true in the case of first reports or reports on Conventions where there are serious or continuing discrepancies, which the Committee has to examine in greater depth.

94. The Committee observes that on 15 October 1987 the proportion of reports received was 9.5 per cent. The great majority of the reports are thus received between the date limit fixed and the date on which the Committee meets. The situation is all the more disturbing as it is often the first reports and those relating to Conventions on which the Committee has made comments that are received the latest. In these circumstances, the Committee has been bound in recent years to postpone to its following session the examination of an increasing number of reports, since they could not be examined with the necessary care owing to lack of time. It has thus had to examine a number of reports at its present session that have been held over from 1987.

95. The Committee can only express its great concern over this state of affairs despite the relief that the new system of reporting frequency and the various measures of assistance provided by the Office are intended to introduce. The Committee trusts that governments will in future endeavour to observe the time-limits laid down for the sending of their reports so that it may carry out its supervisory function adequately.

Supply of first reports

96. A total of 66 first reports on the application of ratified Conventions were received by the time the Committee's session opened. However, a number of countries have failed to supply first reports, some of which are more than a year overdue. Thus, certain first reports on ratified Conventions have not been received from the following States since 1986: Jamaica (Conventions Nos. 149, 150); Yugoslavia (Convention No. 158) and since 1985: Saint Lucia (Conventions Nos. 100, 111). Particular importance attaches to the first reports, on the basis of which the Committee makes its initial assessment of the observance of ratified Conventions. The Committee therefore requests the governments concerned to make a special effort to supply these reports.

Replies to comments of the supervisory bodies

97. Governments are requested to reply in their reports to the observations and direct requests of the Committee, and the majority of governments have provided the replies requested. In accordance with the established practice, the International Labour Office has written to all the governments who failed to provide such replies, requesting them to supply the necessary information. Of the 20 governments contacted in this way, only nine have sent the information requested.

98. The Committee notes with concern that there are still a large number of cases in which there has been no reply to its comments. These cases can be grouped as follows:

99. This represents a total of 224 cases, (Endnote 8) in comparison with 185 last year and 127 the previous year. The Committee is concerned by the increase of these cases and is obliged to repeat the observations or direct requests already made on the Conventions in question.

100. The failure of the governments concerned to fulfil their obligations hinders the work of the Committee of Experts and that of the Conference Committee, and the Committee cannot over-emphasise the special importance of ensuring the dispatch of the reports and replies to its comments.

Examination of reports

101. In examining the reports received on ratified Conventions and on Conventions that have been declared applicable to non-metropolitan territories, the Committee has followed its usual practice of assigning to each of its members the initial responsibility for a group of Conventions. Reports received early enough have been sent to the members concerned in advance of the session and each member has submitted to the whole Committee his preliminary findings on the instruments concerned for discussion and approval.

Observations and direct requests

102. In the majority of cases, the Committee has found that no comment is called for regarding the way in which a ratified Convention has been implemented. In other cases, however, the Committee has found it necessary to draw the attention of the governments concerned to the need to take further action to give effect to certain provisions of Conventions or to supply additional information on given points. As in previous years, its comments have been drawn up in the form of either "observations", which are reproduced in the Report of the Committee, or of "direct requests", which are communicated to the governments concerned.

103. As previously, the Committee has indicated by footnotes the cases in which, because of the nature of the problems met in the application of the Conventions concerned, it has seemed appropriate to ask the governments to supply a detailed report earlier than would otherwise have been the case. Under the system of spacing out reports over a four-year period, which applies to most Conventions, such earlier reports have been requested after an interval of either one or two years, according to circumstances. In some instances, the Committee has also requested the government to supply full particulars to the Conference at its next session in June 1988.

104. The observations of the Committee appear in Part Two (sections I and II) of the present report, together with a list, under each Convention, of any direct requests. An index of all observations and direct requests - classified by country - will be found at the beginning of this report.

Cases of progress

105. In accordance with its usual practice, the Committee has drawn up a list of the cases in which it has been able to express its satisfaction at certain measures taken by governments to make necessary changes in their law or practice following comments by the Committee on the degree of conformity between national law or practice and the provisions of a ratified Convention. The Committee was glad to note that the number of cases of progress recorded this year - 67 cases, involving 36 States and four non-metropolitan territories - is the highest since 1982. Details concerning the cases in question are to be found in Part Two of this report. The full list is as follows:

States Conventions Nos.

Argentina 107

Non-metropolitan territories

France

United Kingdom

106. Thus, the total number of cases in which the Committee has been led to express its satisfaction with the progress achieved following comments made by it has risen to more than 1,730 since the Committee began listing them in its reports in 1964. In addition, there have been many cases in which the Committee has been able to note with interest various measures that have also been taken following its comments with a view to ensuring a fuller application of ratified Conventions. All these cases provide an indication of the efforts made by governments to ensure that their national law and practice are in conformity with the provisions of the ILO Conventions they have ratified.

107. These cases do not, however, as the Committee regularly points out, exhaust the instances in which Conventions and Recommendations have a measurable influence on the law and practice of member States. For example, the Committee again has noted a number of cases this year in which it is clear from the first report on the application of a Convention that new legislative or other measures were adopted shortly before or after ratification.

Practical application

108. As in previous years, the Committee has been concerned with assessing, on the basis of the information available, the extent to which the national legislation giving effect to ratified Conventions is applied in practice. A number of questions designed to elicit information on this point are included in the report forms approved by the Governing Body for the Conventions, and the replies of governments to these questions constitute an appreciable though uneven source of information on practical application available to the Committee. The Committee has also taken into account other authoritative sources of information. These consist of the annual reports of labour inspection services, statistical year books published in the States or by the ILO, observations of employers' and workers' organisations, compilations of judicial or administrative decisions, reports on direct contacts, reports of technical co-operation projects and missions, and other official publications such as manuals, studies and economic and social development plans.

109. The Committee notes that this year some 46 per cent of the reports supplied on Conventions for which information on practical application was specifically requested contained such data. This percentage is lower than those of the preceding two years, 53 per cent and 52 per cent respectively. The Committee is bound to be concerned by this reduction in the amount of information received, without which it is unable to form a clear idea of the extent to which ratified Conventions are effectively applied. It therefore appeals to governments to make every effort to include the information requested in their future reports. Direct requests on this matter have been addressed to certain countries which have not replied to the questions in the report forms on practical application. The Committee will follow up this question in coming years and will include in its report information that should be useful to governments in this connection.

110. The following countries have provided information on practical application in more than half the reports concerned: Australia, Austria, Bangladesh, Belgium, Canada, Chile, Costa Rica, Côte d'Ivoire, Czechoslovakia, Djibouti, Egypt, Ethiopia, France, Federal Republic of Germany, Greece, Guatemala, India, Israel, Italy, Jamaica, Japan, Kenya, Libyan Arab Jamahiriya, Luxembourg, Malawi, Netherlands, Norway, Portugal, Rwanda, Singapore, Solomon Islands, South Africa, Spain, Sweden, Switzerland, Syrian Arab Republic, Turkey, Uganda, United Kingdom, Uruguay, Zambia.

111. The Committee wishes particularly to thank governments that have given information on practical application in their reports, as this information has greatly helped it in assessing more accurately the extent to which ratified Conventions are actually applied in these countries. It hopes that in future even more governments will include in their reports the information asked for in this connection.

112. The Committee also takes note with interest of the judicial and administrative decisions on questions of principle relating to the application of ratified Conventions to which certain countries have referred in their reports. Thirty-seven reports contain information of this kind and throw additional light on the problems raised in these cases by the practical application of the Conventions in question.

113. The Committee recalls that, under the provisions of many international labour Conventions, measures must be taken to ensure their observance by means of administrative, civil or penal sanctions. In the case of various other Conventions, similar measures may prove necessary in order to make their provisions effective and thus to meet the obligations assumed upon ratification under article 19 of the ILO Constitution. The Committee has noted that the legislative provisions governing these matters are often inadequate because the sanctions laid down do not have a sufficiently dissuasive effect. The Committee therefore draws attention to the importance of establishing effective sanctions and of adapting monetary penalties, particularly in countries with high rates of inflation, in order to ensure that they exert an effective preventive influence against acts contrary to the guarantees laid down by international labour Conventions. The Committee requests governments to indicate in their reports the measures taken to examine the need to adapt monetary penalties from time to time in the light of inflation.

VIII. SUBMISSION OF CONVENTIONS AND

Recommendations

114. In accordance with its terms of reference, the Committee this year examined the following information (Endnote 9) supplied by the Governments of member States, pursuant to article 19 of the Constitution of the International Labour Organisation:

(a) information on the steps taken to submit to the competent authorities within the time-limit of 12 or 18 months, as provided in the Constitution, the following instruments, adopted at the 72nd (1986) Session of the Conference: the Asbestos Convention (No. 162) and Recommendation (No. 172);

(b) additional information on the steps taken to submit the instruments adopted by the Conference from its 31st (1948) to its 71st (1985) Sessions to the competent authorities (Conventions Nos. 87 to 161 and Recommendations Nos. 83 to 171);

(c) replies to observations and direct requests made by the Committee in 1987.

72nd Session

115. The Committee notes with interest that the Governments of the following 60 member States have indicated that they have submitted to the authorities considered by them to be competent the instruments adopted by the Conference at its 72nd Session: Algeria, Australia, Bahamas, Bahrain, Barbados, Botswana, Brazil, Bulgaria, Burkina Faso, Burundi, Byelorussian SSR, Canada, Chile, China, Côte D'Ivoire, Cuba, Czechoslovakia, Denmark, Djibouti, Egypt, Ethiopia, Finland, France, Honduras, Hungary, Iceland, Indonesia, Italy, Japan, Kuwait, Liberia, Libyan Arab Jamahiriya, Malaysia, Mali, Mexico, Morocco, Mozambique, Nicaragua, Niger, Nigeria, Norway, Poland, Portugal, Romania, Saudi Arabia, Senegal, Singapore, Somalia, Sudan, Sweden, Switzerland, Togo, Turkey, Uganda, Ukrainian SSR, United Arab Emirates, United Kingdom, United States, USSR, Yugoslavia.

31st to 71st Sessions

116. The Committee notes with interest that considerable efforts have been made by several countries to submit instruments adopted by the Conference since its 31st Session to the competent authorities, particularly in the following cases: Brazil (instruments adopted at the 50th, 54th, 62nd, 69th, 71st and 72nd Sessions), Burkina Faso (59th, 60th, 65th and 68th to 71st Sessions), Equatorial Guinea (68th to 71st Sessions), Indonesia (66th to 71st Sessions), Qatar (65th, 66th and 69th to 71st Sessions), Somalia (68th to 71st Sessions), Tunisia (64th and 66th to 68th Sessions), Uganda (66th to 71st Sessions).

117. The table in Appendix I to section III of Part Two of the report of the Committee shows the position of each member State, as it emerges from the information supplied by the governments, with regard to the discharge of the obligation to submit the Conventions and Recommendations adopted by the Conference to the competent authorities. Appendix II shows the overall position in this respect for the instruments adopted from the 31st to the 72nd Sessions of the Conference.

General aspects

118. The Committee notes with concern, however, that a number of countries are late - sometimes very late - in submitting the instruments adopted by the Conference. In other cases, submission does not appear to have been accompanied by proposals on the action to be taken concerning the instruments being considered.

119. The Committee wishes to stress that the submission to the competent authorities of the instruments adopted by the Conference is a fundamental obligation which constitutes the indispensable first step in implementing international labour standards. In order that national authorities may be kept up to date on the standards adopted at the international level which may require action in each State so as to give effect to them at the national level, submission should be made as early as possible and in any case within the time limits set by article 19 of the ILO Constitution. Governments however remain entirely free to propose any action which they may judge appropriate in respect of Conventions and Recommendations. The principal aim of submission is to encourage a rapid and responsible decision by each country on the Conventions and Recommendations adopted by the Conference.

Comments of the Committee and replies from governments

120. In section III of Part Two of this report, the Committee makes individual observations on the points that it considers should be brought to the special attention of governments. Requests with a view to obtaining supplementary information on other points have also been addressed directly to a number of countries, which are listed at the end of that section.

121. The Committee regrets to note that a number of governments have again failed to provide replies to its comments, even after reminders have been sent by the Office in accordance with the request made to it by the Committee. The Committee again expresses the hope that governments will endeavour in future to supply all the required information and documents.

122. The Committee wishes once more to point out the importance of the communication by governments of the information and documents called for in points II and III of the questionnaire in the Memorandum adopted by the Governing Body. Some countries do not communicate the information and documents in question. The Committee trusts that the governments concerned will take suitable measures to comply with the Memorandum on submission to the competent authorities.

Special problems

123. The situation in several countries is still a matter of concern to the Committee. It thus notes with regret that, in the following cases in particular, no information has been supplied showing that the Conventions and Recommendations adopted by the Conference during at least the last seven sessions under consideration (66th to 72nd) have in fact been submitted to the competent authorities: Ghana, Grenada, Islamic Republic of Iran, Mauritius, Papua New Guinea, Saint Lucia, Seychelles, Sierra Leone, Suriname, Trinidad and Tobago, United Republic of Tanzania.

Submission of certain instruments to the competent authorities of the European Communities

124. The Committee was informed at its 51st Session that the countries of the European Communities had submitted to the competent authorities of the Communities the Hours of Work and Rest Periods (Road Transport) Convention (No. 153) and Recommendation (No. 161), 1979, since this field is governed by regulations of the Communities. Since then, consultations have commenced with the social partners in the countries concerned, at the suggestion of the Commission of the European Communities, on the advisability of ratifying and accepting these instruments. At its previous sessions the Committee was informed of the results of certain of these consultations and of the fact that in some cases these results have already been brought to the attention of the Commission of the European Communities. In a number of other cases such consultation has not yet taken place. More recent information in this respect concerns the adoption by the Council of a new Regulation on the harmonisation of certain social legislation relating to road transport. The question of the ratification of the Convention is therefore undergoing re-examination in view of the fact that the new Regulation differs considerably from the proposals of the Commission of the European Communities, particularly with regard to breaks and daily rest periods. The Committee hopes that the governments concerned will provide information on the implementation of this procedure and any decisions which may have been made on this subject.

125. A new instrument has also been submitted by Italy to the competent authorities of the Communities; this is the Asbestos Convention, 1986 (No. 162), which the Italian Government has also submitted to the national Parliament. The Government indicated that it considered this procedure necessary since, for the purposes of introducing these standards into Italian legislation, it must take into account the obligations resulting from the application of community directives concerning asbestos at the workplace and the sale of asbestos.

IX. INSTRUMENTS CHOSEN FOR REPORTS UNDER ARTICLE 19 OF THE CONSTITUTION

126. In accordance with the decision taken by the Governing Body, governments were requested to supply reports under article 19, paragraphs 5 and 7, of the ILO Constitution on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) and Recommendation, 1958 (No. 111).

127. Of a total of 191 reports requested, 139 have been received. (Endnote 10) This represents 72.7 per cent of the reports requested.

128. More particularly, the Committee notes with regret that Saint Lucia, Trinidad and Tobago and Yemen have not, for the past five years, supplied any of the reports on unratified Conventions and Recommendations requested under article 19 of the ILO Constitution.

129. The Committee can only urge governments once again to provide the reports requested, so that its General Surveys can be as comprehensive as possible.

General Survey

130. Part Three of this report (issued separately as Report III (Part 4B)) contains the General Survey of the Committee on the questions covered by the instruments in question. This survey, in accordance with the practice followed in previous years, has been prepared on the basis of a preliminary examination by a working party comprising four members of the Committee, appointed by it.

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

Geneva, 23 March 1988. (Signed) J.M. Ruda,

E. Razafindralambo,

Endnotes

Endnote 2

Endnote 3

Endnote 4

Endnote 5

Endnote 6

Endnote 7

Endnote 8

Endnote 9

Endnote 10