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 59th Session in Geneva from 9 to 22 March 1989. The Committee has the honour to present its report to the Governing Body.

2. 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. Katswichi IKAWA (Japan),

Mr. Semion A. IVANOV (USSR),

Mr. 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),

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

4. The Committee noted the departure of Mr. Francis Blanchard, the outgoing Director-General of the ILO. It wishes to take this opportunity to stress the special interest he has always taken in its work, and to express its deep gratitude to him for doing so. The new Director-General, Mr. Michel Hansenne, in keeping with tradition, attended the opening meeting of this session.

5. 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.

6. 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 74 to 103 below), on the application of Conventions in non-metropolitan territories (see section II and paragraphs 74 to 103 below), and on the obligation to submit instruments to the competent authorities (see section III and paragraphs 104 to 116 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 Social Security (Minimum Standards) Convention, 1952 (No. 102), with reference to Part V thereof (Old-age benefit), and the Invalidity, Old-Age and Survivors' Benefits Convention (No. 128) and Recommendation (No. 131), 1967, to the extent that they cover old-age benefits. (See paragraphs 117 to 121 below.)

7. In carrying out its task, which consists in 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. One such method is the spirit of mutual respect, co-operation and responsibility which has consistently prevailed in the Committee's relations with the International Labour Conference and its Committee on the Application of Standards, whose proceedings the Committee takes fully into consideration, not only in respect of general matters concerning standard-setting activities and supervisory procedures, but also in respect of specific matters concerning the way in which States fulfil their standard-setting obligations.

8. Accordingly, the Committee noted with great interest the important debate prompted by the consideration, at the June 1988 Session of the Conference, of the Report submitted by the Director-General on "Human rights - a common responsibility", on the occasion of the 40th anniversary of the Universal Declaration of Human Rights. Both the Conference and the Committee on the Application of Standards stressed the vital contribution which the ILO had made towards the realisation of human rights through its action to define those rights and to have them applied. The Committee shares the Conference Committee's conviction that, in order to promote human rights, the ILO must continue to set standards adapted to developments in the world and endeavour to improve the application of the procedures by which it ensures respect for such standards.

9. The Committee also noted that the Office had played an active part in the many events organised throughout the world to commemorate the 40th anniversary of the Universal Declaration of Human Rights, thereby promoting awareness of the very special responsibility that ILO must assume within the international community, by virtue of its mandate, its tripartite structure and its long history, in upholding all the human rights which fall within its competence and whose enjoyment is still hampered by so many obstacles in the world today.

10. This year, as the International Labour Organisation celebrates the 70th Anniversary of its inception, the Committee, for its part, is determined to continue to perform the duties entrusted to it to the best of its ability. In doing so, the Committee is fully aware of the circumstances in which it must perform its duties; indeed, the considerations set out in the preamble of the Constitution of the ILO in 1919 are still as topical as ever, namely, that universal and lasting peace can be established only if it is based upon social justice; that conditions exist involving such injustice, hardship and privation to large numbers of people as to produce unrest so great that the peace and harmony of the world are imperilled; and that the failure of any nation to adopt humane conditions of labour is an obstacle in the way of other nations. The Committee is confident that the ILO will meet the challenges confronting it and, in particular, that it will continue to ensure that the most vulnerable and the most destitute receive the attention they deserve, both within and among nations.

II. GENERAL

Membership of the Organisation

11. Since the Committee's last session the number of member States of the ILO has remained at 150.

New standards adopted by the Conference in 1988

12. The Committee has noted that at its 75th Session (June 1988), the International Labour Conference adopted the Safety and Health in Construction Convention (No. 167) and Recommendation (No. 175), 1988, and the Employment Promotion and Protection against Unemployment Convention (No. 168) and Recommendation, 1988 (No. 176).

Obligations binding member States

13. The Labour Statistics Convention, 1985 (No. 160) came into force on 24 April 1988. The Asbestos Convention, 1986 (No. 162) will come into force on 16 June 1989.

14. In 1988, 90 ratifications by 27 member States were registered. The total number of ratifications at 31 December 1988 was 5,401.

15. In 1988, the Director-General registered the denunciation of the Underground Work (Women) Convention, 1935 (No. 45), by Australia, Ireland, Luxembourg and the United Kingdom. He also registered the denunciation by Luxembourg of the Protection against Accidents (Dockers) Convention, 1929 (No. 28), and by the Netherlands of the Employment Injury Benefits Convention, 1964 (No. 121) (schedule I amended in 1980). This brings the total number of denunciations not accompanied by the ratification of a revised Convention to 54.

16. In their communications addressed to the Director-General of the ILO, the governments of Australia, Ireland, Luxembourg and the United Kingdom explained their denunciation of Convention No. 45 by stating that the Convention is not suited to present technological and social conditions and provides for unjustified discrimination against women. The Government of Australia, in particular, stated that, as a party to the United Nations Convention on the Elimination of All Forms of Discrimination against Women, it was bound to review its protective legislation periodically, and that it had decided to denounce Convention No. 45 on that account. With regard to the denunciation of Convention No. 121 by the Government of the Netherlands, the latter stated that its denunciation had become inevitable, because of increasing divergence between that instrument and Dutch legislation, which was primarily due to the fact that the principle of occupational risk underlying the Convention had been replaced by that of social risk in the Netherlands.

17. In 1988, four new declarations, including three without modifications, were registered concerning the application of Conventions to non-metropolitan territories by the Netherlands and the United Kingdom. The number of declarations on 31 December 1988 stood at 2,003 without modifications and 70 with modifications. The number of non-metropolitan territories was 31.

Constitutional and other procedures

18. 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.

19. At its 240th Session (May-June 1988), the Governing Body noted that the complaint of the Government of Tunisia under article 26 of the Constitution on the observation, 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), had been withdrawn after a settlement between the parties had been reached through the good offices of the Office. As a result, the Governing Body declared the matter closed.

20. At its 240th, 241st and 242nd Sessions (May-June and November 1988 and February-March 1989), the Governing Body examined the complaint concerning the observance, by Nicaragua, of 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) presented by several Employer delegates to the 73rd Session (1987) of the Conference under article 26 of the Constitution. At its most recent session (February-March 1989), the Governing Body, acting on a recommendation of the Committee on Freedom of Association, instructed the Director-General to take the appropriate preparatory measures so that the Governing Body may have before it, at its next session, proposals concerning the composition of a commission of inquiry and the financial arrangements necessary for the work of this commission in the event that the Committee and the Governing Body consider to be unsatisfactory such information as may be supplied by the Government in reply to the Committee's recent requests and the Governing Body consequently decides to establish such a commission.

21. At its 240th Session (May-June 1988) the Governing Body decided to suspend the procedure concerning the representation made by the General Federation of Egyptian Trade Unions under article 24 of the Constitution of the ILO, alleging the non-observance by the Libyan Arab Jamahiriya of the Protection of Wages Convention, 1949 (No. 95) and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), pending the results of ongoing consultations, under the auspices of the ILO, between the interested parties.

22. The representation submitted under article 24 of the Constitution by the Trade Union Confederation of Workers' Commissions alleging non-observance by Spain of the Minimum Wage Fixing Convention, 1970 (No. 131) will be examined by the Governing Body at a future session.

23. The Governing Body also has before it a representation submitted in 1987 under article 24 of the Constitution by the Ontario Secondary School Teachers' Federation, alleging non-observance by the USSR of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) and the Employment Policy Convention, 1964 (No. 122). Consideration of this representation has been postponed by the Governing Body pending further developments, some of which have already been brought to the attention of the Committee.

24. By a communication dated 11 May 1988, the Congress of South African Trade Unions (COSATU) submitted to the International Labour Office a complaint against the Republic of South Africa concerning violation of freedom of association. The Republic of South Africa is bound neither by the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), nor by the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). In accordance with the procedure for the examination of complaints concerning violations of trade union rights, established in 1950 by agreement between the United Nations and the ILO, before the Governing Body refers to the Fact-Finding and Conciliation Commission on Freedom of Association a complaint lodged against a Member of the United Nations which is not a Member of the ILO, such a complaint has to be transmitted to the Economic and Social Council of the United Nations (ECOSOC) for examination. In the circumstances, the Governing Body decided at its 240th Session (May-June 1988) to refer the complaint to ECOSOC for examination, noting that ECOSOC will decide what measures are to be taken in the matter. At the request of ECOSOC, the Secretary-General of the United Nations requested the Government of South Africa to consent to the referral of the complaint to the Fact-Finding and Conciliation Commission of the ILO. By a communication dated 27 February 1989, addressed to the Secretary-General of the United Nations, the Government of South Africa stated that it would be premature to refer the complaint to the Fact-Finding and Conciliation Commission.

25. Furthermore, the Committee noted that the Committee on Freedom of Association of the Governing Body, in several of the cases it had examined, had recommended that the Committee's attention should be drawn to certain aspects of the conclusions adopted. This relates in particular to Turkey (Cases Nos. 997, 999 and 1029), Paraguay (Case No. 1341), Pakistan (Case No. 1383), the United Kingdom (Case No. 1391), the Dominican Republic (Case No. 1393), Haiti (Case No. 1396), Burkina Faso (Case No. 1405), Denmark (Cases Nos. 1418, 1443 and 1470), Canada (British Columbia) (Case No. 1430), Indonesia (Case No. 1431), Colombia (Cases Nos. 1434 and 1465), the Philippines (Case No. 1444), Norway (Case No. 1445), Peru (Case No. 1450), Iceland (Case No. 1458) and Guatemala (Case No. 1459).

26. In its 257th, 260th and 263rd Reports, the Committee on Freedom of Association submitted interim conclusions to the Governing Body concerning Turkey, in respect of which a representation had been submitted under article 24 of the Constitution by the General Confederation of Norwegian Trade Unions, concerning the non-application of Conventions Nos. 11 and 98, as well as numerous complaints submitted by several international trade union organisations (Cases Nos. 997, 999 and 1029).

Seventh African Regional Conference

27. The Seventh African Regional Conference of the ILO was held in Harare from 29 November to 7 December 1988. In addition to the discussion of the Report of the Director-General, which was devoted to recent developments in labour and social matters in South Africa and Namibia and to women's work in Africa, the agenda of the conference included two items, namely: (i) rural and urban training in Africa, and (ii) co-operatives.

28. The Conference adopted seven resolutions, concerning: the promotion of the co-operative movement in Africa; southern Africa and apartheid; economic development and social progress in Africa; the promotion of women workers' activities within the ILO Plan of Action; the protection of the working and general environment in the African region; respect for human rights and fundamental freedoms; and the financing of delegations to the International Labour Conference.

29. In its resolution on economic development and social progress in Africa, the Conference requests the Director-General of the ILO to strengthen the link between technical co-operation in the region and international labour standards. In its resolution concerning respect for human rights and fundamental freedoms, the Conference recalls the part played by the ILO in defence of workers' rights, through its supervisory machinery; in particular, it invites the governments of the region to ratify and apply the Conventions relating to basic human rights issues (freedom of association, forced labour and equality of opportunity and treatment), and the Director-General of the ILO to make every effort to ensure respect for human rights and trade union rights in Africa, including, in particular, the programmes of assistance to employers' and workers' organisations and the training programmes relating to international labour standards.

Functions in regard to other international and regional instruments

International Covenant on Economic, Social and Cultural Rights

30. In accordance with the procedure approved by the Governing Body at its 236th Session (May 1987), the International Labour Office, by a communication dated 18 November 1988, conveyed to the Secretary-General of the United Nations, for transmission to the Committee on Economic, Social and Cultural Rights, information concerning the situation in 13 States whose reports were communicated to the Office by the United Nations. Seven of these reports (Afghanistan, Canada, Jamaica, Netherlands, Panama, Rwanda, Trinidad and Tobago) concerned the implementation of Articles 6 to 9 of the Covenant, which deal with the right to work, the right to just and favourable conditions of work, freedom of association, and the right to social security. Ten other reports (Cameroon, Cyprus, France, Jamaica, Netherlands, Panama, Poland, Trinidad and Tobago, Tunisia, United Kingdom) concerned the implementation of Article 10 of the Covenant, as regards protection of maternity, and the protection of children and young persons in employment and work.

31. The Committee notes with interest that the Committee on Economic, Social and Cultural Rights, at its third session (Geneva, 6-24 February 1989), recommended, inter alia, that its co-operation with the specialised agencies should be strengthened with a view to defining better the various aspects of the rights set forth in the Covenant and the extent of their application.

32. The Committee also notes with interest that a number of recommendations aimed at strengthening co-operation with the specialised agencies were also made by the Meeting of Chairpersons of Human Rights Treaty Bodies held at Geneva from 10 to 14 October 1988.

European Code of Social Security and Protocol thereto

33. In accordance with the established supervisory procedure, 14 reports on 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 France. The Committee has examined all these reports, except that of France which arrived late, 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 a representative of the ILO participated as technical adviser in the meeting of the Steering Committee for Social Security of the Council of Europe, held at Strasbourg in December 1988. 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

34. Under 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 on the Elimination of Discrimination against Women (CEDAW), which is responsible for examining reports of States 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 Eighth Session of the CEDAW (February-March 1989) 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, and that a representative of the ILO attended the Eighth Session of the CEDAW. The Committee notes with interest that, at this session, the CEDAW adopted a General Recommendation on equal remuneration for work of equal value, in which it encourages the States parties to the United Nations Convention that have not yet ratified the Equal Remuneration Convention, 1951 (No. 100) to do so and to consider the establishment of job evaluation systems based on gender-neutral criteria, and of mechanisms to ensure the implementation of the principle of equal remuneration.

Collaboration with other international organisations

35. 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.

36. Thus, in accordance with established practice, copies of the report received on the Indigenous and Tribal Populations Convention, 1957 (No. 107) were forwarded for comments to the United Nations, the United Nations Food and Agriculture Organisation (FAO), the United Nations Educational, Scientific and Cultural Organisation (UNESCO), the World Health Organisation (WHO) and the Inter-American Indian Institute of the Organisation of American States. Also, a copy of a report on the Nursing Personnel Convention, 1977 (No. 149) was forwarded to the WHO, and copies of reports on the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) were sent to the WHO, UNESCO and the United Nations. A copy of a report on the Human Resources Development Convention, 1975 (No. 142) was forwarded to UNESCO. Also, copies of reports on the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) and on the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147) were forwarded to the International Maritime Organisation (IMO). Representatives of these organisations were invited to attend the sittings of the Committee of Experts at which the Conventions in question were discussed.

37. In the context of 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 84th, 85th, 86th, 87th, 88th and 89th Sessions of the Committee of Independent Experts set up to supervise the application of the Charter, held in Strasbourg in April, May, July and October 1988 and January 1989.

38. The Committee was informed that the Additional Protocol to the European Social Charter was signed in Strasbourg, France, on 5 May 1988, by the following nine States: Cyprus, Federal Republic of Germany, Greece, Iceland, Italy, Luxembourg, Spain, Sweden and Turkey. The object of the Additional Protocol is to expand the rights already recognised by the Social Charter by adding the following four rights: the right to equal opportunity and treatment in the area of employment and occupation, without discrimination based on sex; the right to information and consultation within the undertaking; the right to take part in the determination and improvement of working conditions and the work environment; and the right of older persons to social protection. At the request of the Council of Europe, the International Labour Office collaborated in the formulation of the Additional Protocol.

39. The Committee noted with interest the publication of the Council of Europe (Strasbourg, 1989) concerning the symposium held at the University of Granada (Spain) on the occasion of the 25th anniversary of the signing of the European Social Charter (26-27 October 1987). In particular, it noted that during the symposium much attention had been devoted to the ILO's standards and supervisory procedures and bodies.

Questions concerning the application of Conventions

Application of Conventions to offshore industrial installations

40. Between 1981 and 1987, the Committee considered the applicability of international labour Conventions to offshore industrial installations used in the exploration and extraction of mineral and petroleum resources at sea, and invited governments to submit information on the extent to which, and the manner in which, the Conventions they had ratified were applied to work in such installations. It also welcomed employers' and workers' organisations' comments on these matters.

41. The Committee already noted in its 1987 report that a total of 61 governments had supplied replies (some of them on several occasions) and that the Committee had also received two comments from employers' organisations and two from workers' organisations. It went on to note with interest that a preliminary study was being undertaken with a view to determining the main problems which should be examined in this very complex field, and proposed to examine these questions further after the preliminary study had been completed.

42. The Committee has now learned that for this purpose the Office commissioned a preliminary report from a specialist consultant with a view to defining the issues to be retained for further research; this report was completed in the course of 1988. The report identifies a number of areas in which further research and analysis are necessary.

43. The first results from the dual nature of the installations used in offshore operations. In so far as they can be considered as ships, subject to the regime of the high seas, it is the law of the flag State that applies and relevant Conventions will be applicable in so far as ratified by that State. All offshore installations operating within the limits of national jurisdiction are under the sovereignty or exclusive jurisdiction of the coastal State. Therefore, it is the coastal State's legislation, and the Conventions ratified by it, that are applicable.

44. This does not necessarily mean, however, that the law of the coastal State will be applied to all aspects of labour relations on board offshore installations. The tendency is for these to come under the jurisdiction of the flag State, first, because they relate to internal organisation on board, which is generally left to the flag State and, secondly, because they are not an integral part of the mining regime which is in the exclusive competence of the coastal State. Nevertheless, there are certain aspects of working conditions over which the coastal State will exercise jurisdiction and control in so far as they have an impact on matters such as safety, health and seaworthiness. The fact that the coastal State, where labour conditions relevant to these matters are concerned, may make a dual reference to the legislation of (and the Conventions ratified by) both the flag State and the coastal State, may give rise to conflicts of law but, on the other hand, ensures greater protection for the workers.

45. The consultant's report stresses the importance, for an adequate guarantee of working conditions on board offshore installations, of a system of inspection, and refers to the dual responsibility for inspection: as far as shipping aspects are concerned, by the maritime authorities of the flag State and - as regards exploitation activities - by the mining or other competent authority of the coastal State which may, as indicated above, extend its competence to labour conditions in so far as they affect safety and health.

46. A second duality relates to the personnel engaged in offshore activities irrespective of the nature of the structure - ship or mining installation - on which they work. Thus, mining or diving personnel engaged on mobile installations classified as ships may, under the legislation of the flag State, be assimilated to the crew for some or all purposes, or they may be subject to separate regulations. On the other hand, there may be seafarers working from fixed platforms alongside the mining personnel. A thorough analysis of such situations seems necessary to determine the extent of applicability of the maritime labour Conventions ratified by the flag State.

47. The consultant's report also examines the applicability of Conventions to offshore activities. In addition to the basic human rights Conventions which are of universal application, it identifies a number of other Conventions whose application offshore is of major significance, in particular the Labour Inspection Convention, 1947 (No. 81) and the principal occupational safety and health Conventions. It raises the problem of determining which Conventions are applicable in fields, such as social security, for which separate maritime Conventions have been adopted, and identifies a number of other issues calling for further examination such as the relevance and applicability of some of the promotional Conventions.

48. The Committee feels that it would be premature at this stage for it to comment on the various points raised in the information just noted above as a result of the consultant's preliminary report to the Office. The Committee wishes, however, to thank both the Office and the consultant for their contribution to a fuller appreciation of the subject-matter.

49. The Committee expresses the hope that in due course a comparative study of the law and practice of a selected number of countries (perhaps chosen among coastal States having relatively major operations offshore) may be carried out. As a first step, perhaps the scope of that study could bear essentially on the currently more common type of operations offshore, i.e. those relating to petroleum. The said study could take into account the information previously collected by the Committee, the preliminary report of the consultant, any other information available to the Office as well as the findings of further specific research. However, the Committee is aware that a study of this kind could be made only if and when resources for it were available.

Application of Conventions in export processing zones or enterprises

50. As the Committee indicated in its 1987 report, it is continuing its consideration 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)

51. This year, the Committee has examined the application of the Convention in 50 countries. As usual, it has made observations and direct requests addressed to individual countries which have ratified the Convention, in some cases dealing with positive measures taken and developments or difficulties noted in the implementation of the Convention's aims, in others asking for further information on the basis of the report form.

52. In fulfilling its supervisory function, which, because of the nature and scope of the Convention, is a complicated one, the Committee has been helped by governments' reports, and in the majority of cases, including some from developing countries (e.g. Tunisia), it much appreciates the detail and documentation provided. In some cases - still, perhaps, relatively few - the reports are supplemented by observations from employers' (Finland, Turkey) or workers' (Austria, Costa Rica, Spain, United Kingdom) organisations; such observations give the Committee a valuable insight into the practical application of the policies being pursued, coming as they do from well-informed and directly involved bodies. As in previous years, the Committee has also had the benefit of the essential support of the ILO's Employment and Development Department and, where appropriate, the regional office responsible for employment promotion in Latin America and the Caribbean (PREALC). The Committee has noted with interest the greater number of governments which in response to the Committee's earlier request have included in their reports information on technical co-operation in employment which is planned (e.g. Cameroon, Guinea, Zambia in Africa; Bolivia, Brazil, Costa Rica in Latin America; Thailand in Asia), requested (Islamic Republic of Iran) or in progress (Hungary). Despite the difficulties involved, the Committee looks favourably on an approach which takes account of the inherent relations between standards, the supervision of their application, and technical co-operation programmes.

53. In the case of the industrialised market economy countries (IMEC), governments' reports examined this year have in many cases shown a continuation of the trend towards rising employment and falling levels of unemployment noted last year (e.g. Austria, Canada, Denmark, Finland, Federal Republic of Germany, New Zealand, United Kingdom). Some of these countries (especially Austria, Finland, New Zealand) have consistently maintained a lower-than-average level of unemployment over the last decade or so, when overall levels in the IMEC countries have been high by historical standards. In the Committee's view, it is clear that the most successful countries in this respect are ones which have pursued active employment policies along the lines called for in Article 1 of the Convention, by the methods advocated in Articles 2 and 3. Most of the IMEC countries have supplied detailed employment and unemployment statistics - vital to an understanding of the situation and measures which should be taken - showing a persistence of special difficulties among women, the young and older (especially long-term) unemployed. Measures have been taken (particularly training schemes) by most countries (e.g. Federal Republic of Germany, Ireland, United Kingdom) to deal with the younger unemployed, thus removing them from the unemployment statistics; and in some countries (e.g. Austria, Denmark) early retirement has similarly removed older workers from the statistics. In this context, the Committee recalls its general survey on working time in 1984; it has now noted both the connection made by some governments (e.g. Belgium) between employment aims and the reduction of working time per week or per year, and the tendency towards a reduction of the length of the working life of the population. At the same time, the Committee continues to entertain fears as to certain "flexible" forms of work contract - in reality, part-time or temporary jobs largely concentrated on women in the service sector - which, whilst in some respects facilitating operations for the employer (and thus enabling short-term employment generation), may deprive workers of the full employment they would wish for and which is the aim of Article 1 of the Convention.

54. There appears, from an examination of the reports of several developing countries in Latin America and the Caribbean, and despite contrasts from one country to another and the difficulties arising from weak investment and growth in 1986-87, to have been a more favourable employment situation. The rate of open unemployment has decreased in urban areas in some countries (e.g. Brazil, Costa Rica), whereas in others (e.g. Panama) it has remained high, and in still others (e.g. Bolivia) it has continued to increase. Development plans aim in particular to balance employment objectives against the reduction of inflation, to reduce the public sector, and to encourage employment in the private sector. There has been rapid growth in the private, informal sector, which has absorbed part of the unemployed or underemployed workforce, including workers who have fallen victim to public sector retrenchment (e.g. Bolivia). Several governments (e.g. Bolivia, Brazil, Costa Rica) have provided information on programmes to integrate the most vulnerable members of the population into the labour market or promote employment in regions hitherto relatively neglected in terms of national development (e.g. the "work front" projects in the Nordeste of Brazil). The Committee has remarked that some emergency employment-creation programmes obtained better results when consultations took place with interested persons (e.g. the Social Priorities Programme in Brazil). It notes the difficulties referred to by one country (Bolivia) in consulting the informal sector: it would like to think that greater attention will be given to the measures to be taken to give full effect to Article 3 of the Convention in respect of consultations with persons occupied in the informal and the rural sectors in particular. The same applies to developing countries in Africa and Asia, from which a number of reports were examined but for which the Committee has less information as to the practical application of the Convention. It nevertheless notes that in difficult circumstances some countries still made employment promotion one of the main aims of national development strategy (e.g. Tunisia, Zambia); others have relied on the private sector to generate employment (e.g. Morocco, Senegal).

55. Generally speaking, the international economic environment - and particularly the massive debt problem - makes it extremely difficult for developing countries such as those in Africa or Latin America to formulate and pursue a policy for employment. The Committee has been expressing its concern about this for several years. In its previous report it noted the conclusions of the High-Level Meeting on Employment and Structural Adjustment (November 1987) which followed up two resolutions of the Conference of the ILO of 1984 and 1986. It now notes that the Workers' members of the Committee on the Application of Standards at the 75th Session of the Conference (June 1988) stressed the importance of the conclusions of that meeting and especially supported those dealing with the need for better international co-ordination between economic, financial and monetary policies and the role of the ILO in ensuring that structural adjustment policies do not conflict with the ILO's aims, most notably the aim of full employment. The Committee has noted with interest the information supplied to the Employment Committee of the Governing Body (241st Session, November 1988) as to the follow-up to the High-Level Meeting, and that this has become one of the priorities of the ILO's Programme and Budget for 1990-91. As for the Committee's own role in this particular matter, the Committee notes that in June 1988 certain Government members of the Committee on the Application of Standards of the Conference invited the Committee of Experts to continue its examination of the problems of debt and international trade. This year the Committee has, in an observation addressed to a Latin American country (Costa Rica), particularly noted the comments of a national workers' organisation alleging that the stabilisation and structural adjustment programmes prepared with the help of the international financial institutions had affected social policy measures and the conditions and standards of living; the Committee has nevertheless been able to note that the open unemployment rate in that country dropped, thanks to the implementation of an active employment policy in the terms of the Convention. In another case (an African country, Zambia), the Committee took note of information as to the Government's decision to abandon the adjustment programme prepared in agreement with the IMF, on account of its negative social effects and effects on the economy, unemployment and underemployment. Further, the report of one Government (Venezuela) (which has been noted but which could not be examined this year because of its late arrival) contains a statement that the measures imposed by the international financial institutions are diametrically opposed to the aims of the Convention: the country has recently experienced events which have brought out the seriousness of social tensions which arise from the debt problem and the policies implemented to deal with it. In this context, the Committee notes the resolution (No. 1989/15) adopted by the Human Rights Commission of the United Nations at its 45th Session on 2 March 1989, which decided that a further question as to foreign debt, economic adjustment policies and their effects on the full enjoyment of human rights, in particular the implementation of the Declaration on the Right to Development, should be included on the agenda of its next session under the item "Problems related to the right to enjoy an adequate standard of living and the right to development".

56. This year the Committee has given particular attention to the examination of reports from the governments of socialist countries with planned economies. Abundant information has been provided on new employment policies formulated and implemented in the process of restructuring the economy. New systems for managing economic mechanisms have been devised with the aim of intensifying growth of the national income through increased labour productivity. These are based on the reform of state enterprises, for example in the case of the USSR by the Law of 30 June 1987 aimed at increasing the autonomy and responsibility of enterprises and enabling them to be closed down when they are not self-financing or viable. This new approach has already made itself felt on the labour market. For instance, in the USSR the Government's report indicates that 1 million workers have been reassigned or transferred in the first half of 1988; it states that reductions in overstaffing expected by the year 2000 in the material production sector could affect some 16 million workers. Various plant closures have occurred or are planned in other countries (e.g. Czechoslovakia, Hungary, Poland). The Committee has been able to appreciate the quantitative aspects of the problems, although qualitative ones are no less important as changes come in the sectoral structure and the occupational and geographical distribution of employment. In this context, it notes with interest the devotion of governments to the aim of full employment as a means of continuing to apply constitutional guarantees of the right to work. Governments' reports supply information on the policies applied to marry this overall objective to actual "effective" employment at enterprise level. Efforts will be made to recycle manpower, redefine the functions and responsibilities of the employment services, adopt employment-creation programmes in selected sectors and regions, and encourage the development of individual activities. Measures to introduce flexibility into employment (part-time work, home work, rearrangement of working time) are also envisaged. Social guarantees and compensation or indemnities are allowed for. The Committee has noted the active role of the trade unions both in this and in training and retraining, and more generally the application of new measures. The Committee would be glad if the governments of the socialist countries with planned economies would continue supplying information on the development of current reforms and employment policy measures applied to achieve the basic aims of the Convention (Article 1, paragraph 2(a), (b) and (c)).

57. The overall picture sketched here confirms the opinion of several members of the Conference Committee in 1988 that employment problems concern all countries, whatever their level of development or economic or employment system. Every country has to deal with problems of economic restructuring, structural adjustment, employment promotion and the skills of the workforce in one way or another. This global dimension of the problem highlights the suggestions in Part IX of Recommendation No. 169 of 1984 (relating to international technical co-operation and employment), and more generally the stress placed on the principle of solidarity in the Director-General's recent report on human rights. The Committee for its part is more convinced than ever of the need for exchange of information among countries which have ratified the Convention: the need to study different experience and difficulties, and to evaluate the strategies and policies adopted. Given the general scope of the Convention, attention may be drawn also to the usefulness of information on the application of other standards, such as those dealing with employment services and the development of human resources, or those adopted at the last session of the Conference on employment promotion and social security, which established the links already presaged in the Employment Policy Recommendation, 1964 (No. 122). The principal means at the ILO's disposal - standards and technical co-operation - should be used together by emphasising their complementarity in order to reach the goals of the Convention, namely full, productive and freely chosen employment. Doubts may have been voiced from time to time in some countries as to the relevance of this goal or whether it should be a priority, but the discussions at the 75th Session of the Conference should help dispel any such doubts. The Conference Committee shared the Director-General's conviction, expressed in the report on human rights referred to, that the notion is not old-fashioned but something which is and should remain a vital aim of the national policy of all States; in so doing, it reassured the present Committee of the role it has seen for itself in the supervision of the application of the Convention. It is now more than ever necessary to recall and reaffirm the aim of the Convention and the need to pursue efforts to promote it. In fact several reports this year have tended to emphasise the improvement of overall employment creation and the lowering or stabilisation of unemployment. Nevertheless, it is equally clear that the practices of exclusion, marginalisation, segregation and discrimination are still rife and the necessary weight among the priorities of economic and social policies is not always given to the Convention. Comparable practices may hinder the full application of Article 3 of the Convention concerning the consultation of large numbers of workers (the unemployed, those with no security of employment, the self-employed) who are "persons affected" by the measures to be taken but are neither represented in nor party to the decisions. The Committee would also like to recall the need for extensive social dialogue, which in the sense of Article 3 implies not only consultation but also co-operation, especially in regard to structural adjustment policies which make severe demands on the workers.

III. PROCEDURES OF DIRECT CONTACTS AND OTHER FORMS OF ASSISTANCE TO GOVERNMENTS

Direct contacts and assistance regarding standards

58. In 1988, direct contacts missions concerning freedom of association took place in Colombia, Côte d'Ivoire, Haiti and Nicaragua. Direct contacts took place in Bangladesh concerning the Indigenous and Tribal Populations Convention, 1957 (No. 107) and Guatemala concerning the Abolition of Forced Labour Convention, 1957 (No. 105). A direct contacts mission was undertaken in the Dominican Republic and Haiti with a view to the implementation of the recommendations made in 1983 by the Commission of Inquiry concerning Haitian workers in the sugar plantations of the Dominican Republic.

59. The regional advisers on standards, whose task consists essentially of assisting governments to fulfil their obligations under the ILO Constitution and ratified Conventions, visited the following countries: Africa: Angola, Cameroon, Congo, Kenya, Somalia, Zaire; America: Bolivia, Brazil, Costa Rica, Dominican Republic, El Salvador, Grenada, Guatemala, Honduras, Paraguay, Peru, Saint Lucia; Asia and the Pacific: Indonesia, Philippines, Sri Lanka.

60. 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.

61. During 1988, 19 officials, two employers and four observers, from the following 23 countries, undertook training (normally of two-weeks' duration) in the International Labour Standards Department: Angola, Brazil, Bulgaria, Burkina Faso, Burma, Côte d'Ivoire, Federal Republic of Germany, Guatemala, Guinea Bissau, Iraq, Kenya, Lesotho, Netherlands, Nicaragua, Rwanda, Somalia, Sudan, Swaziland, Tanzania, Tunisia, Uganda, Uruguay and Venezuela.

62. In 1988, two seminars on international labour standards were held for government officials directly responsible for questions related to international labour standards and, in particular, on the fulfilment by States of the obligations deriving from the ILO Constitution and ratified Conventions. The first, intended for the Caribbean countries, in which officials from 18 States and non-metropolitan territories participated, was held in Antigua; the second, intended for the countries of Asia and the Pacific, in which officials from 18 States and one non-metropolitan territory participated, was held in Yogyakarta (Indonesia). Furthermore, 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.

63. Tripartite national seminars on international labour standards were held in the following countries: Dominican Republic, Egypt, Indonesia, Somalia and Sri Lanka. Furthermore, seminars on trade union rights in the public service were organised in Japan and Sweden, and on the Rural Workers' Organisations Convention, 1975 (No. 141), in Indonesia. Two national seminars intended for trade unionists were held, respectively, in Greece, on the Workers' Representatives Convention, 1971 (No. 135), and in Portugal, on human rights in general and on freedom of association in particular. Finally, a seminar on international labour standards intended for employers was held in Madagascar.

Standard-setting activities and technical co-operation

64. The Committee was informed of the new measures envisaged within the context of the Programme and Budget for 1990-91 in order to strengthen the links between international labour standards and the ILO's technical co-operation activities. The Committee welcomes these measures and hopes that they will contribute to a better application in practice of ILO standards. The Committee continues to draw the attention of governments to the value of requesting ILO technical assistance in cases where it considers that the application of a ratified Convention is encountering difficulties which could be overcome with such assistance.

IV. ROLE OF EMPLOYERS' AND WORKERS' ORGANISATIONS

65. 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 in a variety of matters.

66. The Committee has once again noted with satisfaction 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 the instruments adopted by the Conference (Endnote 2) and the reports due under article 19 of the Constitution. (Endnote 3)

67. 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

68. Since its last session, the Committee has received 154 observations, 41 of which were communicated by employers' organisations and 113 by workers' organisations. This important figure shows the 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.

69. The majority of observations received (146), relate to the application of ratified Conventions. (Endnote 4) Eight observations relate to the reports provided by governments under article 19 of the Constitution, relating to the Social Security (Minimum Standards) Convention, 1952 (No. 102), and the Invalidity, Old-Age and Survivors' Benefits Convention, 1967 (No. 128) and Recommendation, 1967 (No. 131). (Endnote 5)

70. The Committee notes that, of the observations received this year, 75 were transmitted directly to the ILO, which, in accordance with established practice, referred them to the governments concerned for comment. In 79 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.

71. 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.

72. 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, maritime work, migrant workers, labour inspection, weekly rest, tripartite consultations on international labour standards and so forth.

73. The Committee notes with interest that the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) has now received 45 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.

V. REPORTS ON RATIFIED CONVENTIONS

Supply of reports

74. 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.

75. 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 1988, were due to be examined this year in respect of 44 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

76. A total of 1,638 detailed reports were requested from governments on the application of Conventions ratified by member States (article 22 of the Constitution). At the end of the present session of the Committee, 1,224 of these reports had been received by the Office. This figure corresponds to 74.7 per cent of the reports requested, compared with 78.4 per cent last year. The Committee regrets that, as indicated in paragraph 88 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.

77. 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, 270 reports, or 80.5 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 by Convention, may be found in the Appendix to section II of Part Two of this Report.

78. Apart from the above-mentioned reports, 35 governments also supplied general reports on the Conventions for which detailed reports were not due for the period under review: Antigua and Barbuda, Bahrain, Barbados, 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.

79. 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 in which this material was not otherwise available, 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

80. 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, Denmark (Faeroe Islands), Democratic Yemen, Dominica, Dominican Republic, El Salvador, Ghana, Grenada, Guyana, Ireland, Jamaica, Democratic Kampuchea, Lao People's Democratic Republic, Lebanon, Liberia, Libyan Arab Jamahiriya, Madagascar, Mauritania, Mongolia, Netherlands (Netherlands Antilles, Aruba), New Zealand (Cook Islands, Niue Island), Nicaragua, Niger, Papua New Guinea, Seychelles, Sierra Leone, Yugoslavia. No reports have been received for the past two years from the following countries: Cape Verde, Congo, Djibouti.

81. 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

82. The Committee is once again bound to emphasise the importance of communicating reports in due time. Reports are requested on ratified Conventions by 15 October each year at the latest. 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, etc. 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.

83. The Committee observes that the great majority of reports are thus received between the time-limit fixed and the date on which the Committee meets: by 15 October 1988 the proportion of reports received was nine per cent. This percentage is the lowest recorded (with the exception of the year 1981) since the Committee started publishing statistics in this regard, 40 years ago. 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 the 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 had been held over from 1988.

84. The Committee can only express once again its great concern over this state of affairs, despite the relief that the four-year system of reporting 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 layed down for the sending of their reports so that it may carry out its supervisory function adequately.

Supply of first reports

85. A total of 95 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 1987: Iraq (Conventions Nos. 147, 152); Niger (Conventions Nos. 154, 156, 158); and since 1986, Jamaica (Convention No. 149); Yugoslavia (Convention No. 158). 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

86. 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.

87. 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:

(a) those where no report or reply has been received on any of the reports requested from the governments;

(b) those where the reports received contain no reply to most of the Committee's comments (observations and/or direct requests) and/or have failed to reply to letters sent by the ILO.

88. This represents a total of 177 cases, (Endnote 8) in comparison with 224 last year and 185 the previous year. The Committee is concerned by the very high number of these cases. It is bound to repeat the observations or direct requests already made on the Conventions in question.

89. 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 of Experts cannot over-emphasise the special importance of ensuring the dispatch of the reports and the replies to its comments.

Examination of reports

90. 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

91. 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 either of "observations", which are reproduced in the Report of the Committee, or of "direct requests", which are communicated to the governments concerned.

92. 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 early 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 1989.

93. 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

94. 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 the 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. Details concerning the cases in question are to be found in Part Two of this report and cover 46 instances in which measures of this kind have been taken in 29 States and 3 non-metropolitan territories. The full list is as follows:

States Conventions Nos.

Algeria 119, 120

Non-metropolitan territories

France

Netherlands

United Kingdom

95. 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 almost 1,800 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.

96. 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

97. 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.

98. The Committee notes that this year some 63 per cent of the reports supplied on Conventions for which information on practical application was specifically requested contained such data. The Committee welcomes the fact that this percentage is significantly higher than in previous years. The Committee hopes that governments will continue to endeavour to include the requested information in their future reports.

99. The following countries have provided information on practical application in more than half the reports concerned: Angola, Australia, Austria, Belgium, Belize, Brazil, Burkina Faso, Canada, Chile, Colombia, Costa Rica, Cuba, Cyprus, Czechoslovakia, Denmark, Ecuador, Finland, France, German Democratic Republic, Federal Republic of Germany, Guatemala, Guinea Bissau, Hungary, Israel, Italy, Japan, Luxembourg, Malawi, Malta, Mexico, Netherlands, New Zealand, Norway, Panama, Poland, Portugal, Romania, Spain, Sweden, Switzerland, Syrian Arab Republic, Thailand, Turkey, Ukrainian SSR, USSR, United Kingdom, Uruguay, Zambia.

100. 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.

101. As in previous years, the Committee has addressed direct requests to certain countries which have not replied to the questions in the report forms on practical application. The Committee notes that the countries in question are all developing countries and that certain of them have referred specifically to difficulties of a financial and/or administrative nature which are preventing them from compiling the statistical and other information requested. The Committee is of the opinion that these are also cases in which technical assistance from the International Labour Office could assist these countries in overcoming the difficulties in question.

102. The Committee also notes with interest 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-four 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.

103. The Committee wishes to recall 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.

VI. SUBMISSION OF CONVENTIONS AND

Recommendations

104. 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 for in the Constitution, the following instruments adopted at the 74th (Maritime) Session of the Conference (1987): the Seafarers' Welfare Convention (No. 163) and Recommendation (No. 173); the Health Protection and Medical Care (Seafarers) Convention (No. 164); the Social Security (Seafarers) Convention (Revised) (No. 165); the Repatriation of Seafarers Convention (Revised) (No. 166) and Recommendation (No. 174);

(b) additional information on the steps taken to submit to the competent authorities the instruments adopted by the Conference from its 31st (1948) to its 72nd Session (1986) (Conventions Nos. 87 to 162 and Recommendations Nos. 83 to 172);

(c) replies to the observations and direct requests made by the Committee in 1988.

74th (Maritime) Session

105. The Committee notes with interest that the governments of the following 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 74th (Maritime) Session: Bahamas, Bahrain, Barbados, Bulgaria, Burundi, Byelorussian SSR, Cuba, Denmark, Egypt, Finland, Ghana, Greece, Iceland, Italy, Japan, Jordan, Luxembourg, Mexico, Mozambique, Netherlands, Niger, Norway, Poland, Romania, Rwanda, Saudi Arabia, Switzerland, Togo, Tunisia, Ukrainian SSR, USSR, United Arab Emirates, Yugoslavia.

31st to 72nd Sessions

106. 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: Angola (68th to 71st Sessions), Brazil (instruments adopted at various sessions between the 46th and 71st), Ghana (66th to 69th, 71st and 72nd Sessions), Nepal (68th to 71st Sessions).

107. 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 31st to the 74th Sessions of the Conference.

General aspects

108. The Committee notes with concern, however, that many 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.

109. 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 the 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

110. 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.

111. 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.

112. 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

113. The situation in several countries is still a matter of concern to the Committee. The Committee 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 (67th to 74th) have in fact been submitted to the competent authorities: Grenada, Haiti, Islamic Republic of Iran, Mauritius, Papua New Guinea, Philippines, Saint Lucia, Seychelles, Sierra Leone, Suriname.

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

114. The Committee was informed at its 51st Session that the countries of the European Communities had submitted to the appropriate 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 begun 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 some 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 information available suggests that the situation has remained unchanged. 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.

115. The Committee was informed at its 58th Session that a new instrument has also been submitted by Italy to the appropriate 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.

116. The Committee notes the concern expressed by the Workers' members of the Conference Committee in 1988 at the fact that the division of competence between the European Communities and their member States has delayed the submission of Convention No. 162 and the ratification of Convention No. 153. In that connection, the Committee noted that the question of relations between rights and obligations under the Constitution of the ILO, on the one hand, and rights and obligations under treaties establishing regional groups, on the other, was discussed by the Governing Body in 1981 on the basis of a document submitted by the Office. As regards particularly the obligation of submission to the competent authorities, the Committee wishes to stress that, although the appropriate bodies of the European Communities may in some cases be considered as the authorities within whose competence the matters covered by a Convention or Recommendation lie, submission to those bodies does not fulfil all the obligations of the member States concerned under the provisions of article 19 of the Constitution of the ILO and the constitutional practice of the Organisation as laid down in the Memorandum on submission, by virtue of which they are bound, within the prescribed time limits, to submit the instruments to their national legislative bodies and inform the Director-General of the ILO of the measures taken to submit those instruments to the competent authorities and of the decisions taken by those authorities; to communicate to the representative organisations of employers and workers a copy of the information concerning submission (article 23, paragraph 2, of the Constitution); and, in respect of countries having ratified the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), to consult the most representative national organisations of employers and workers on the proposals to be made to the competent authority in connection with the submission of Conventions and Recommendations. The Committee expresses the hope that the consultations under way between the secretariat of the European Communities and the Office will produce results ensuring respect for the constitutional provisions of the ILO concerning the submission of instruments dealing with matters in respect of which exclusive competence has been transferred to the Communities, as well as the full application of the relevant provisions of Convention No. 144.

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

117. 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 Social Security (Minimum Standards) Convention, 1952 (No. 102), for Part V of the Convention (Old-Age Benefit), and the Invalidity, Old-Age and Survivors' Benefits Convention (No. 128) and Recommendation (No. 131), 1967, with regard to old-age benefit.

118. Of a total of 402 reports requested, 268 have been received. (Endnote 10) This represents 63.3 per cent of the reports requested.

119. More particularly, the Committee notes with regret that Jamaica, Democratic Kampuchea, Lebanon, Paraguay, Sao Tomé and Principe and Uganda 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.

120. 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

121. Part Three of this Report (issued separately as Report III (Part 4 B)) contains the General Survey of the Committee on 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 three members of the Committee, appointed by it.

122. 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, 22 March 1989. (Signed) J.M. Ruda,

R. Razafindralambo,

Endnotes

Endnote 2

Endnote 3

Endnote 4

Endnote 5

Endnote 6

Endnote 7

Endnote 8

Endnote 9

Endnote 10