Article 40 Procedure for the consideration of texts (ILC Standing Orders)
Description:(ILC Standing Orders)
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Document No. (ilolex): 27199446
Part II: Standing Orders concerning special subjects, Section E - Convention
and Recommendation procedure.
Adopted on 21 November 1919 at the First Session of the Conference. Revised
and consolidated at the 27th Session. The present text of this article
includes all amendments adopted up to the 97th Session (2008).
The ILO is committed to promoting gender equality. Amendments to this effect
were adopted at the 97th Session of the International Labour Conference
(Geneva, 2008).
ARTICLE 40
Procedure for the consideration of texts
< 1. The Conference shall decide whether it will take as the basis of
discussion the Conventions or Recommendations prepared by the International
Labour Office, and shall decide whether such Conventions or Recommendations
shall be considered in full Conference or referred to a committee for report.
These decisions may be preceded by a debate in full Conference on the general
principles of the suggested Convention or Recommendation.
2. When the Conference has referred to a committee the text of a
Recommendation only, a decision by the committee to propose a Convention to
the Conference for adoption (in place of or in addition to the Recommendation)
shall require a two-thirds majority of the votes cast.
3. If the Convention or Recommendation is considered in full Conference, each
clause shall be placed before the Conference for adoption. During the debate
and until all the clauses have been disposed of, no motion other than a motion
to amend a clause of such Convention or Recommendation or a motion as to
procedure shall be considered by the Conference.
4. If the Convention or Recommendation be referred to a committee, the
Conference shall, after receiving the report of the committee, proceed to
discuss the Convention or Recommendation in accordance with the rules laid
down in paragraph 3. The discussions shall not take place before the day
following that on which copies of the report have been circulated to the
delegates.
5. During the discussion of the Articles of a Convention or Recommendation,
the Conference may refer one or more Articles to a committee.
6. If a Convention contained in the report of a committee is rejected by the
Conference, any delegate may ask the Conference to decide forthwith whether
the Convention shall be referred back to the committee to consider the
transformation of the Convention into a Recommendation. If the Conference
decides to refer the matter back, the report of the committee shall be
submitted to the approval of the Conference before the end of the session.
7. The provisions of a Convention or Recommendation as adopted by the
Conference shall be referred to the Drafting Committee for the preparation of
a final text. This text shall be circulated to the delegates.
8. No amendment shall be allowed to this text, but notwithstanding this
provision the President, after consultation with the three Vice-Presidents,
may submit to the Conference amendments which have been handed to the
Secretariat before the final vote is taken.
9. On receipt of the text prepared by the Drafting Committee and after
discussion of amendments, if any, submitted in accordance with the preceding
paragraph, the Conference shall proceed to take a final vote on the adoption
of the Convention or Recommendation in accordance with article 19 of the
Constitution of the Organization.
Cross references
Constitution: Article 19
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