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 60th Session in Geneva from 8 to 21 March 1990. 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. 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.

5. 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 72 to 102 below), on the application of Conventions in non-metropolitan territories (see section II and paragraphs 74 to 102 below), and on the obligation to submit instruments to the competent authorities (see section III and paragraphs 103 to 115 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 Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147), and the Merchant Shipping (Improvement of Standards) Recommendation, 1976 (No. 155) (see paragraphs 116 to 120 below).

6. 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.

7. The Committee has examined the views expressed in the Conference Committee on the Application of Standards, at its 76th Session (1989), by the Employer members and certain Government members as regards the interpretation of Conventions and the role of the International Court of Justice in this connection. The Committee has already had occasion (Endnote 1) to point out that its terms of reference do not require it to give definitive interpretations of Conventions, competence to do so being vested in the International Court of Justice by article 37 of the Constitution of the ILO. Nevertheless, in order to carry out its function of determining whether the requirements of Conventions are being respected, the Committee has to consider and express its views on the content and meaning of the provisions of Conventions and to determine their legal scope, where appropriate. It therefore appears to the Committee that, in so far as its views are not contradicted by the International Court of Justice, they are to be considered as valid and generally recognised. The situation is identical as regards the conclusions or recommendations of commissions of inquiry which, by virtue of article 32 of the Constitution, may be affirmed, varied or reversed by the International Court of Justice, and the parties can only duly contest the validity of such conclusions and recommendations by availing themselves of the provisions of article 29, paragraph 2, of the Constitution. The Committee considers that the acceptance of the above considerations is indispensable to maintenance of the principle of legality and, consequently for the certainty of law required for the proper functioning of the International Labour Organisation.

8. The Committee has followed with profound interest the changes in 1989 and the beginning of 1990 in several Central and Eastern European and Latin American countries which, among other changes, have resulted in important developments in law and practice in those States. In this way, certain matters principally related to the observance of Conventions concerning the fundamental human rights, which had been the subject of comments by ILO supervisory bodies for many years, have or are in the process of being resolved, as illustrated by the observations that have been made this year. The Committee hopes that these developments will continue and that it will extend to the application of all the international labour Conventions that have been ratified, since, as it has emphasised on many occasions, these Conventions as a whole constitute a framework for economic and social development based on justice and freedom that is a guarantee of lasting peace.

9. The Committee notes the decision by the Governing Body to set up a group of independent experts to follow up and monitor the implementation of sanctions and other action against apartheid. The mandate of this group of experts is to follow up and monitor the implementation throughout the world of sanctions and other action against apartheid, with special attention to the actions taken to circumvent such measures and to report to the Governing Body Commitee on Discrimination. The monitoring, in accordance with the conclusions of the Committee on Apartheid of the 75th Session (1988) of the International Labour Conference, should particularly concentrate on carrying out the following tasks: (i) the investigation and evaluation of the effects of present sanctions measures; (ii) the conducting of feasibility and case studies on sanctions; (iii) regularly surveying and updating the state of world trade with South Africa; (iv) maintaining a register of investment and disinvestment in South Africa; (v) publishing, three times a year, the results of the research. This mandate should be carried out in close co-operation with other United Nations bodies and international organisations collecting information on sanctions and other action against apartheid. The group of experts is composed of Mr. Ahmad Abdallah (Kenya), former Deputy Governor of the Central Bank of Kenya, former Executive Director of the International Monetary Fund, consultant to UNDP on future UNDP assistance to Namibia; Mr. Theodor van Boven (Netherlands), Professor of Law, University of Limburg, former Director of the UN Division of Human Rights, member of the Sub-Commission on the Prevention of Discrimination and the Protection of Minorities; the Honourable Rex Nettleford (Jamaica), Professor in the Department of Extramural Studies and Director of the Trade Union Education Institute of the University of the West Indies in Kingston, Jamaica, appointed for a three-year period. The group of experts has met twice since being set up, in New York (October 1989) and in Geneva (February 1990).

II. GENERAL

Membership of the Organisation

10. 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 1989

11. The Committee has noted that at its 76th Session (June 1989), the International Labour Conference, after deciding to adopt various proposals for the partial revision of the Indigenous and Tribal Populations Convention, 1957 (No. 107), adopted the Indigenous and Tribal Peoples Convention, 1989 (No. 169).

Obligations binding member States

12. The Asbestos Convention, 1986 (No. 162) came into force on 16 June 1989. The Seafarers' Welfare Convention, 1987 (No. 163) will come into force on 3 October 1990. The Health Protection and Medical Care (Seafarers) Convention, 1987 (No. 164) will come into force on 11 January 1991.

13. In 1989, 63 ratifications (Endnote 2) by 19 member States were registered. The total number of ratifications at 31 December 1989 was 5,463. Between the beginning of 1990 and 21 March 1990, 15 ratifications by five member States were registered.

14. The Director-General registered three denunciations not accompanied by the ratification of Conventions by New Zealand. These were the Hours of Work (Industry) Convention, 1990 (No. 1), the Hours of Work (Commerce and Offices) Convention, 1930 (No. 30), and the Reduction of Hours of Work (Glass-Bottle Works) Convention, 1935 (No. 49). The Government stated that these Conventions no longer reflected labour practice in New Zealand and were considered as restricting the adoption of more flexible working hours. These denunciations will take effect on 9 June 1990. The Director-General also registered the denunciation by Malaysia of the Abolition of Forced Labour Convention, 1957 (No. 105), which will take effect on 10 January 1991. The Government of Malaysia stated that, notwithstanding this denunciation, it continues to adhere to the Forced Labour Convention, 1930 (No. 29), which, in its opinion, adequately and satisfactorily meets the needs for protection of workers against forced labour in Malaysia. This brings the total number of denunciations not accompanied by the ratification of a revised Convention to 57 as of 21 March 1990. The Director-General also registered the denunciations of the Hours of Work and Rest Periods (Road Tansport) Convention, 1939 (No. 67), by Uruguay, the Convention concerning Statistics of Wages and Hours of Work, 1938 (No. 63), by Spain, and the Protection against Accidents (Dockers) Convention (Revised), 1932 (No. 32), by Denmark, which followed automatically upon the ratification by these countries, respectively, of the Hours of Work and Rest Periods (Road Transport) Convention, 1979 (No. 153), the Labour Statistics Convention, 1985 (No. 160), and the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), respectively.

15. The Committee notes with satisfaction that, in a communication dated June 1989, the Government of the Netherlands informed the Director-General that it was withdrawing the denunciation of the Employment Injury Benefits Convention, 1964 (No. 121), which had been registered on 22 July 1988. As a consequence, the registration of the denunciation of Convention No. 121 was cancelled before it took effect; the Convention therefore continues to be in force for the Netherlands and Aruba.

16. In 1989, 17 new declarations, including 13 without modifications, were registered concerning the application of Conventions to non-metropolitan territories by Denmark, the United Kingdom and the United States. The number of declarations on 31 December 1989 stood at 2,016 without modifications and 74 with modifications. Since the beginning of 1990, 19 declarations without modifications have been registered concerning the application of Conventions to a non-metropolitan territory by France.

Constitutional and other procedures

17. 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.

18. At its 242nd (February-March) and 243rd Sessions (May-June 1989), the Governing Body examined the report of the Committee on Freedom of Association concerning various complaints of violation of freedom of association in Nicaragua, presented by the International Confederation of Free Trade Unions (ICFTU), the World Confederation of Labour (WCL) and the International Organisation of Employers (IOE) (Cases Nos. 1344, 1442 and 1454), and a complaint alleging the non-observance by that country 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) made by a number of Employers' delegates to the 73rd Session of the International Labour Conference under article 26 of the Constitution. At its 244th Session (November 1989), the Governing Body decided, acting on the proposal of the Committee on Freedom of Association, to set up a commission of inquiry to examine the complaint presented by the Employers' delegates. Acting on the proposal of the Director-General, the Governing Body decided, at the same Session, that the commission of inquiry would be composed of Mr. Sette Camara (Brazil), former Vice-President of the International Court of Justice, Chairman; Mr. René Ricardo Mirolo (Argentina), Professor of Law at the University of Córdoba, and Mr. José Vida Soria (Spain), Rector of the University of Grenada (members).

19. In a letter dated 26 June 1989 addressed to the Director-General, 13 Workers' delegates to the 76th International Labour Conference presented a complaint alleging the non-implementation by the Government of Romania of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). At its 244th Session, the Governing Body decided to entrust the examination of this complaint to a commission of inquiry, which, at the proposal of the Director-General, is composed of the Honourable Mr. Jules Dęschenes (Canada), Chairman, Lawyer, Chief Justice, Superior Court of Quebec; Mr. Francesco Capotorti (Italy), Professor of International Law at the Law Faculty of the University of Rome, former Judge and Advocate General at the Court of Justice of the European Communities (CJEC); and Mr. Budislav Vukas (Yugoslavia), Professor of Public International Law (members).

20. At its 238th Session (November 1987), the Governing Body decided to postpone consideration of the representation submitted by the Ontario Secondary School Teachers' Federation under article 24 of the Constitution of the ILO alleging non-observance by 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 244th Session (November 1989), the Governing Body decided to close the procedure after being informed by the Director-General that the representation had been withdrawn in view of the fact that the situation that had given rise to it had been resolved and the persons named in the representation had received permission to leave the country.

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 consultations between the interested parties. This procedure remains suspended.

22. At its 243rd Session (May-June 1989), the Governing Body had before it the report of the committee set up to examine the representation made by the Trade Union Confederation of Workers' Commissions under article 24 of the Constitution of the ILO alleging non-observance by Spain of the Minimum Wage Fixing Convention, 1970 (No. 131). The Governing Body approved the committee's report which concluded that, taking account of the information available, the Government had not failed to comply with the provisions of Article 4, paragraph 1, of the Convention in maintaining machinery whereby minimum wages can be adjusted from time to time. The Committee also concluded that, in the circumstances of the case, the Government is not fully in accordance with the provisions of Article 4, paragraph 2, of the Convention and drew the Government's attention to the need to carry out consultations, not only as a purely formal or procedural act, but with the object of taking effective account of the opinion of the social partners regarding the matter forming the subject of the consultations. The Governing Body declared closed the procedure initiated as a result of the representation.

23. At its 245th Session (February-March 1990), the Governing Body set up a tripartite committee of three members to examine a representation made by the National Confederation of Workers of Senegal, under article 24 of the Constitution, alleging non-observance by Mauritania of the Protection of Wages Convention, 1949 (No. 95), the Social Security (Minimum Standards) Convention, 1952 (No. 102), the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Equality of Treatment (Social Security) Convention, 1962 (No. 118), and the Employment Policy Convention, 1964 (No. 122).

24. The Governing Body decided at its 240th Session (May-June 1988) to refer the complaint submitted to the ILO by the Congress of South African Trade Unions (COSATU) against the Republic of South Africa concerning violation of freedom of association, to the Economic and Social Council of the United Nations (ECOSOC), 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. The ECOSOC, by resolution 1988/41 of 7 May 1988, requested the Secretary-General of the United Nations to request the Government of South Africa to consent to the referral of the complaint to the Fact-Finding and Conciliation Commission of the Governing Body of the ILO. The Government of South Africa replied, in a communication dated 27 February 1989, that it would be premature to refer the complaint to the Fact-Finding and Conciliation Commission. By resolution 1989/82 of 24 May 1989, the ECOSOC invited the Secretary-General to pursue his efforts to submit the complaint by the COSATU to the Fact-Finding and Conciliation Commission. The Government was requested to reply by 30 March 1990.

25. The Committee notes that the Committee on Freedom of Association of the Governing Body, in several of the cases it examined, recommended that the Committee's attention should be drawn to certain aspects of the conclusions adopted. This relates in particular to the cases concerning Denmark (Case No. 1470), Norway (Case No. 1448), Iceland (Case No. 1458), Haiti (Case No. 1396), Philippines (Case No. 1444), Indonesia (Case No. 1431), India (Case No. 1468), Peru (Cases Nos. 1478 and 1484), Portugal (Case No. 1486) and Fiji (Case No. 1425).

26. In its 263rd, 266th and 271st Reports, the Committee on Freedom of Association submitted interim conclusions to the Governing Body concerning Turkey, in relation to complaints made by the World Confederation of Labour (WCL), the World Federation of Trade Unions (WFTU) and the International Confederation of Free Trade Unions (ICFTU) and a representation submitted under article 24 of the Constitution of the ILO by the Confederation of Norwegian Trade Unions, alleging the non-observance of the Right of Association (Agriculture) Convention, 1921 (No. 11), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

Functions in regard to other international and regional instruments

International Covenant on Economic, Social and Cultural Rights

27. In accordance with the procedure approved by the Governing Body at its 236th Session (May 1987), the International Labour Office, by a communication dated 11 November 1989, 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 ten States whose reports were communicated to the Office by the United Nations. Seven of these reports (Afghanistan, Costa Rica, Democratic Yemen, Dominican Republic, Luxembourg, Panama, Syrian Arab Republic) 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. Eight other reports (Colombia, Costa Rica, Democratic Yemen, Dominican Republic, Ecuador, Luxembourg, Mexico, Syrian Arab Republic) 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.

28. The Committee once again notes with interest the contribution that the ILO continues to make to the implementation of the Covenant and the active participation of ILO representatives in the work of the Committee on Economic, Social and Cultural Rights.

United Nations Convention on the Elimination of All Forms of Discrimination against Women

29. Under Article 22 of this Convention, the ILO was represented at the Ninth Session (January-February 1990) of 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. At the invitation of the CEDAW, the Office submitted a report to that session on the application of the Convention in the areas falling within the scope of its activities.

European Code of Social Security and Protocol thereto

30. In accordance with the established supervisory procedure, 18 reports on the European Code of Social Security and the Protocol thereto, which had been submitted by 15 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, as well as certain 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 in Strasbourg in November 1989. As in previous years, the Steering Committee approved the conclusions of the Committee of Experts.

European Social Charter and Additional Protocol

31. 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 91st (22-26 May 1989), 93rd (17-21 July 1989), 94th (23-25 October 1989), 95th (11-15 December 1989) and 96th (5-9 February 1990) Sessions of the Committee of Independent Experts set up to supervise the application of the Charter, held in Strasbourg, France. The Committee was also informed that the Additional Protocol to the European Social Charter was signed by France on 22 June 1988 and ratified by Sweden on 5 May 1989 (in accordance with article 10, paragraph 2, of the Protocol, three ratifications are necessary for its coming into force).

Collaboration with other international organisations

Co-operation with the United Nations and its specialised agencies as regards standards

32. 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.

33. Thus, in accordance with established practice, copies of the reports 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) and the World Health Organisation (WHO). Copies of the reports on the Rural Workers' Organisations Convention, 1975 (No. 141), were forwarded to the FAO, UNESCO and the United Nations. Also, copies of the reports on the Nursing Personnel Convention, 1977 (No. 149) were forwarded to the WHO, and a copy of the report on the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) was 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. 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).

34. Representatives of these organisations were invited to attend the sittings of the Committee of Experts at which the Conventions in question were discussed.

35. The Committee notes with interest that an appeal is made for the ratification and implementation of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), in the recommendations in the Study on the achievements made and obstacles encountered during the Decades to Combat Racism and Racial Discrimination by the Special Reporter of the Sub-Commission on Prevention of Discrimination and Protection of Minorities of the United Nations (E/CN.4/Sub.2/1989/8 and Add.1) and in the recommendations contained in the Global Consultation on the Realization of the Right to Development as a Human Right organised by the United Nations Centre for Human Rights (E/CN.4/1990/9 (Part III)).

Matters relating to human rights

36. It is the Committee's practice to note in its General Report the major developments in the area of human rights. In its report in 1988, on the occasion of the 40th anniversary of the Universal Declaration of Human Rights, the Committee stated that it was fully 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 1989, the Committee noted with great interest the broad debate produced by the discussion, 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 above-mentioned 40th anniversary, and the emphasis that was placed on the essential contribution of the ILO to the achievement of human rights by its activity in determining and applying these rights.

37. This year once again, the Committee notes with great interest several recent events relating to the special contribution and responsibility of the ILO. It notes, firstly, resolution 1990/16 on the question of trade union rights, adopted by the Commission on Human Rights of the United Nations at its 46th Session (29 January-9 March 1990). The resolution recalls, inter alia, the most important role played by the ILO in the protection and promotion of trade union rights and invites States that have not yet done so to ratify and apply in full the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

38. The Committee also notes the adoption by the Commission on Human Rights of resolution 1990/15 on human rights and extreme poverty and resolution 1990/24 on the effects on the full enjoyment of human rights of the economic adjustment policies arising from foreign debt and in particular, on the implementation of the Declaration on the Right to Development. In this connection, the Committee refers to the comments that it has made in the section of its General Report that is, as usual, devoted to the application of the Employment Policy Convention, 1964 (No. 122).

39. Finally, the Committee notes the adoption by the General Assembly of the United Nations, on 20 November 1989, of the Convention on the Rights of the Child, in the drawing up of which the ILO participated actively. It notes in particular the provisions of the Convention that are directly relevant to the ILO, which are contained in Article 15 (freedom of association and freedom of peaceful assembly), Article 26 (social security) and Article 32 (protection from economic exploitation). The Committee notes that provision has been made for the participation of the specialised agencies through the provision of advice and expert reports and through being entitled to be represented at the meetings of the Committee on the Rights of the Child, which will be set up for the implementation of the Convention. The Committee is convinced that the ILO, as it has for other United Nations instruments, will not fail to make an effective contribution to the application of the Convention on the Rights of the Child.

Questions concerning the application of Conventions

Application of Conventions to offshore industrial installations

40. The Committee refers to the comments that it has been making since 1981 on the question of the applicability of international labour Conventions to offshore industrial installations used in the exploration and extraction of mineral and petroleum resources at sea. The Committee recalls that after noting a preliminary report on this question, which had been prepared by the Office in 1988, it expressed the hope that in due course a comparative study of the law and practice of a selected number of countries would be carried out, and would take into account the information previously collected by the Committee and the preliminary report.

Application of Conventions in export processing zones or enterprises

41. As the Committee has indicated previously, 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)

42. This year the Committee has examined the application of the Convention in 42 countries, including five non-metropolitan territories. Those reports relate to the same period as was covered by the reports examined last year, i.e. 1986-88, so that the present comments should be read in the context of and as supplementary to the comments in paragraphs 51 to 57 of the Committee's 1989 report. The question of employment dealt with by the Convention is constantly evolving, so the Committee has endeavoured to place its comments in a wide context, taking account of current developments. In doing this, it has referred to official documents of national and international organisations (particularly the regular reports of the Organisation for Economic Co-operation and Development (OECD), as far as industrialised market economy countries (IMEC) are concerned), as well as to the Employment and Development Department of the ILO, which has provided the same very valuable technical assistance that the Committee has enjoyed in previous years. The Committee's approach has once more taken account of the necessary links between the standard-setting instruments, their supervision and application, on the one hand, and technical co-operation programmes on the other. Many governments have made reference to such programmes in their reports.

43. In the industrialised market economy countries, the Committee has observed the same trends as in those examined last year. Continued and sustained growth of production has been accompanied by corresponding growth in employment. Employment creation has generally been faster than predicted in 1987 and 1988, being particularly strong in some cases (Portugal in Europe, Australia in the Pacific, and Japan). Unemployment has stabilised or fallen. However, two countries have had an opposite experience as regards employment and unemployment (Denmark and Norway). The inescapable general observation is nevertheless that, despite positive results in terms of economic performance, unemployment levels are still, with a few exceptions, incompatible with the Convention's aim of full employment. Incidence of unemployment in the population remains closely related to factors such as age, sex, qualifications and region, and the opportunities for young workers, females, those with poor qualifications or living in unfavoured regions appear to have worsened. Long-term unemployment seems to be unaffected by economic growth or growth of employment and is perhaps the most serious problem in the labour market, as indicated for example in the report of one country (France). The numbers of long-term unemployed, which are increasing in most countries, account in some cases for as much as 40 or 50 per cent of the total unemployed (for example, Greece, Ireland, Netherlands). The declaration and pursuit of an active policy for the promotion of full, productive employment seems essential for progress. Some countries demonstrate the fact that full employment is not an out-dated concept and is indeed attainable (for example, Japan, Sweden), but a "vital objective", as the Director-General's Report on human rights to the 75th Session of the Conference (June 1988) emphasised. In dealing with the methods of application of the Convention, governments' reports generally concentrate on labour market policies and tend to overlook overall economic development policies and their effects on employment. Some reports do however show that there are employment policies more consistent with the aims of the Convention, which requires the regular determination and revision of measures to be adopted to attain the objective of full, productive and freely-chosen employment, "within the framework of a co-ordinated economic and social policy". Many countries with a high rate of unemployment seem to have accepted it as inevitable, or to have made employment only a secondary aim. Many of the developed countries have devoted their efforts to specific action concerning the groups most vulnerable to unemployment, and to facilitate greater labour market flexibility. Such actions in respect of the young, for example, are concerned with delaying entry into the labour market by extended learning and special programmes or offering employment which is largely unregulated. The information in the report of one country in particular (France) shows clearly the tendency towards jobs which are short-time and unstable, which leads to increased periods of unemployment. Flexible forms of employment have developed in the industrialised countries at the same time as permanent waged employment has decreased. Several government reports have supplied information on the growth of part-time employment, which has been generally stronger than the growth of more regular employment (Australia, Greece, Japan). One government's report (Netherlands) analyses this form of employment in detail, pointing out its advantages (as a means of entry to permanent employment), but also its shortcomings (costs, concentration in lower employment groups, the fact that it attracts mostly women workers, inferior protection as regards dismissal, hours of work and social security). It is essential to know whether such employment is freely chosen or not, as envisaged by the Convention. It is hard to distinguish precarious employment from flexibility, and the question how far new kinds of employment relations are in conformity with the overall aims of this Convention and other ILO standards merits further consideration. In the information provided as to efforts to improve the working of the labour market and facilitate the adjustment of manpower and its qualifications to job offers, the Committee notes the approaches which stress the role of employment services (Italy, Norway), the need to give priority to training and retraining of workers (Ireland, Netherlands, Norway), and the need to make more active use of the unemployment benefits system in order to stimulate workers' return to employment. The Committee notes that these approaches relate to areas covered by several other standards (those dealing with the employment service, human resources development, or employment promotion and unemployment protection), and this seems to justify the Committee's practice of endeavouring to ensure closer correlations between its comments on Convention No. 122 and those on the other standards in question: even if they are not ratified or in force (which is the case for Convention No. 168), they constitute useful sources for States formulating employment policies. The Committee particularly hopes that the next general survey, concerning the development of human resources, will enable the detailed examination of the relation between employment and training.

44. The Committee is pleased to note that the examination of reports from Latin American and Caribbean countries shows favourable growth and employment trends in a number of countries (Chile, Jamaica, Uruguay). But the situation has deteriorated more or less seriously in other countries, in respect of growth of both GNP and employment (Ecuador, Nicaragua, Panama, Peru), where there are declared urban unemployment rates of around 13 per cent accompanied by underemployment rates of about half the population (Ecuador, Honduras, Nicaragua). In those cases not only is employment creation inadequate to absorb unemployment and underemployment, but the jobs are mostly low productivity and in the volatile informal sector and in small enterprises. Thus, in Peru almost 41 per cent of the active population obtains its livelihood from the informal urban sector. Real wages have declined (Ecuador, Peru, Venezuela) under the combined pressure of structural adjustment programmes and inflation, or have remained low in countries where economic performance has otherwise been relatively good (Chile, Uruguay). Where the economy is unable to generate employment growth such as would allow inroads to be made into unemployment and poverty, many countries in the region either seem to rely essentially on special public works programmes for their employment policies, or else they count on the informal sector and small undertakings (for example, Ecuador, Peru). Chile has developed differently, however, and special programmes have been progressively reduced. Several governments' reports stress the difficulty of applying the Convention in the face of international pressures (Peru, Venezuela). External constraints, such as terms of trade, high interest and the heavy debt burden are especially mentioned by several countries as obstacles to the growth of GNP and employment. One country, for example, remarks that external debt accounted for 48.3 per cent of GNP in 1987 and servicing it consumed 70 per cent of the value of its exports, so that economic growth in the years to come will be minimal (Paraguay). The negative effects on the population and the reduction of investment and social services spending (education and health) caused by austerity measures of structural adjustment have been emphasised by another country (Jamaica). The Government of Venezuela has stated, as the Committee noted in its last report, that measures imposed by international financial institutions were "diametrically opposed to the aims of the Convention". The same Government, whose representative chaired the High-Level Meeting on Employment and Structural Adjustment, has referred to the very valuable results achieved by that Meeting by placing the debt problem in the context of the new international economic order. Many speakers in the Conference Committee in June 1989 agreed with the Committee of Experts' analysis and concerns and urged it to continue its work in this respect. The Committee notes also, in relation to its earlier comments, the adoption of Resolution No. 1990/24 at the 46th Session of the United Nations Commission on Human Rights, which invites governments to provide the Special Rapporteur on the realisation of economic, social and cultural rights with their comments and the information at their disposal about their experience concerning the impact of economic adjustment policies arising from foreign debt on the enjoyment of these rights. Another Resolution (No. 1990/15), adopted at the same session of the United Nations Commission on Human Rights, entitled Human Rights and Extreme Poverty, particularly asks the specialised agencies to give the necessary attention to the problem of extreme poverty and exclusion from society, and it urges the Committee on Economic, Social and Cultural Rights to do the same.

45. The Committee has also examined the application of the Convention in a number of African and Asian developing countries. Most of these reports contain little statistical information on the levels and trends of employment, unemployment and underemployment. They usually stress the causes of the difficulties met with in implementing policies required by the aims of the Convention. Apart from debt and structural adjustment programmes, they mention internal factors such as demographic growth and its effects on the numbers of active members of the population, the consequences of labour migration, and the lack of jobs to match qualifications, especially, for example, for higher education certificate and degree holders amongst whom unemployment is very high (Algeria, Jordan, Libyan Arab Jamahiriya, Philippines, Sudan). However, the Committee notes with interest the information provided by several of these countries which shows that employment objectives - no doubt in various degrees - have been integrated into development plans (Algeria, Comoros, Philippines). It has also noted with interest the attention given in some countries to tripartite co-operation either as an aspect of productivity increase, or more generally as a policy principle ensuring the participation of employers and workers in decision-making in areas of concern to them.

46. In its last report the Committee gave particular attention to the examination of reports from socialist countries with planned economies in Central and Eastern Europe, noting the considerable problems of quality and quantity involved in new employment policies being implemented as part of economic restructuring in those countries. This year the Committee has had to examine only one report which is largely superseded by events from the German Democratic Republic. During its session it also received information from the Government of Poland concerning the adoption of new employment legislation in December 1989. The Committee cannot ignore the recent rapid developments in these countries, where the process of transition from a centrally planned economy to one where resources are allocated once more by market mechanisms has accelerated. Such processes must by their very nature cause instability, and those countries are faced, as far as employment is concerned, with the difficulty of reconciling the overall objective of full employment and the constitutional guarantee of the right to work with the need to ensure effective use of manpower in enterprises, as the Committee noted in its last report. Given the breadth and importance of the changes, the Committee stresses the need to be watchful of the ILO's standards relating to employment opportunities. Special attention will no doubt be given to training. It is of great importance that care be given to ensure the social protection of displaced workers during these periods of transition. In particular, it again expresses the hope that governments will provide details in their next reports of employment policy measures taken for the promotion of the basic aims of Convention No. 122 (Article 1(2)(a), (b) and (c)).

47. The Committee's work this year confirms and reinforces its previously stated view of the need to ensure the application of the terms of Article 3 of the Convention on the consultation of representatives of persons affected by measures to be taken. Strengthening social dialogue is a necessary precondition for the effective application of the Convention, in both industrialised and developing countries, and in the countries of Central and Eastern Europe, as all these have, to different degrees, to deal with problems of structural adjustment, employment promotion and adaptation of the labour force. Although consultative machinery is well established in most industrialised countries, the Committee has already remarked on ways in which exclusion, segregation and marginalisation persist in the labour market, preventing the full application of Article 3. The same applies with greater force to many workers who are unemployed, or self-employed, or not in stable employment, or who so often are unrepresented in discussions that lead to employment policy decisions. In developing countries, the same problem arises for workers such as those in the urban informal sector, who nevertheless make up a large part of the national economy. These are the workers most affected by the international economic problems and suffer from austerity measures taken as part of structural adjustment programmes, without having any say in the matter. For this reason, the Committee feels bound once more to draw attention to the scope of the consultations due under Article 3 of the Convention.

Flexibility in ILO standards

48. The Committee notes the study of flexibility devices in ILO standards announced by the Governing Body Working Party on International Labour Standards, (Endnote 3) and examined by the Governing Body at its 244th Session (November 1989), and the suggestions that were made for disseminating this document as widely as possible, particularly by making it available to the delegates and technical advisers participating in the work of Conference committees responsible for the formulation of standards. The essential purpose of flexibility is to afford a choice in the range, nature and level of protection to be provided. In drawing up standards, flexibility may be necessary to take into account the differences in the levels and conditions of development of ILO member States, without prejudicing the universal prospective in which standards must be adopted. The flexibility devices used up to the present time, and particularly over the past 20 years, in order to give effect to article 19, paragraph 3, of the Constitution of the ILO, are numerous and varied. The choice between a Convention and a Recommendation and the adoption of promotional Conventions which define objectives, while leaving considerable freedom as to the measures through which to attain these objects, already takes into account the need for flexibility in drawing up standards. Other flexibility devices have been used: the possibility of only ratifying parts of Conventions; a choice between parts of Conventions that lay down obligations that vary in their degree of stringency; clauses restricting the scope of the Convention; clauses for the gradual application of Conventions, under which the level of protection is progressively increased or extended; temporary exceptions; flexibility in application procedures (implementation through legislation on collective agreements; the adoption of measures that conform to national conditions and practice, etc.).

49. During its examination of the application of ratified Conventions, the Committee has observed that existing flexibility clauses are, in general, little used. It supports the idea that the Office should endeavour, in its promotional and advisory activities, to increase the awareness of the constituents of the Organisation to the existing flexibility devices. Within the context of the supervision of the application of Conventions, the Committee considers that it can, where appropriate, draw the attention of governments to the use of certain flexibility clauses.

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

Direct contacts and assistance regarding standards

50. In 1989, a direct contacts mission concerning several international labour Conventions took place in Liberia. A direct contacts mission concerning freedom of association took place in the Central African Republic. Another direct contacts mission went to Zambia to provide assistance in bringing national legislation into conformity with the Abolition of Forced Labour Convention, 1957 (No. 105). An advisory mission went to Ecuador to deal with issues raised by the supervisory bodies concerning the application of the Conventions on freedom of association and the abolition of forced or compulsory labour. Advisory missions went to Bolivia, the Libyan Arab Jamahiriya, the Netherlands and Peru. An advisory mission concerning questions related to indigenous peoples went to Brazil, Colombia, Ecuador, Peru and Venezuela.

51. The regional advisers on standards, whose task consists in assisting governments to find solutions to the various problems that they encounter in relation to international labour standards, visited the following countries: Africa: Benin, Cameroon, Djibouti, Gabon, Guinea, Mauritius and Seychelles; America: Argentina, Bolivia, Brazil, Colombia, Dominican Republic, Ecuador, Paraguay, Peru, Saint Lucia, Uruguay and Venezuela; Asia and the Pacific: China, Fiji, Indonesia, Lao People's Democratic Republic, Malaysia, Nepal, Philippines and Singapore.

52. 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. The Committee notes with interest the intention of providing opportunities for a number of labour law practitioners who, by their functions, play a role in the application and the dissemination of international labour standards, to participate in future courses.

53. During 1989, 21 participants (including a representative of a workers' organisation) and two observers were received by the International Labour Standards Department, from the following 22 countries: Benin, Boliva, Brazil, Burkina Faso, Chad, China, Comoros, Equatorial Guinea, Gabon, Guinea, Federal Republic of Germany, Kenya, Malawi, Niger, Senegal, Sierra Leone, Sri Lanka, Sudan, Switzerland, Syrian Arab Republic, United Republic of Tanzania and Thailand.

54. In 1989, several regional or subregional tripartite seminars on international labour standards were held. A tripartite seminar for the Asian and Pacific region was held in New Delhi (India) with the participation of government representatives from 15 countries, representatives of employers' organisations from ten countries and representatives of workers' organisations from nine countries. A tripartite regional seminar on freedom of association was held in Abidjan (Côte d'Ivoire) and gathered together 32 participants from 20 African countries. Two tripartite seminars on non-discriminatory practices in employment were organised. The first of these was held in Dakar (Senegal), and was attended by 13 participants from seven French-speaking African countries, while the second, held in San José (Costa Rica), gathered together 14 participants from six Central American States. A seminar for English-speaking African countries, intended for government officials who are directly responsible for matters related to international labour standards, was held in Harare (Zimbabwe). It gathered together 21 officials from 19 States. A regional seminar on freedom of association, which was followed by 20 Arab trade unionists from the region, was held in Damascus (Syrian Arab Republic). A workshop on labour law in southern Africa was organised in Bulawayo (Zimbabwe) for 19 representatives of the Congress of South African Trade Unions (COSATU), the African National Congress (ANC) and the South African Confederation of Trade Unions (SACTU). In addition, the regional advisers participated in the work of other seminars organised by other departments of the ILO.

55. Tripartite national seminars on international labour standards were held in Bolivia and Equatorial Guinea. Furthermore, officials from the International Labour Standards Department participated in the work of international and national seminars on freedom of association and international labour standards which were held in Guinea, Indonesia, Uruguay and USSR.

Standard-setting activities and technical co-operation

56. The Committee was informed of the progress achieved in 1989 to further strengthen the links between international labour standards and technical co-operation. It notes in particular the publication of the brochure, entitled "International Labour Standards: For Development and Social Justice", which is intended for large-scale dissemination. Seven training and information workshops intended principally for ILO officials and experts were organised in Geneva, in the ILO International Centre for Advanced Technical and Vocational Training in Turin (Italy) and in the Regional Office for Asia and the Pacific in Bangkok (Thailand). Furthermore, workshops which were extended to include representatives of governments, of employers' and workers' organisations and representatives of donor countries and organisations, were held in Jakarta (Indonesia), Port-of-Spain (Trinidad and Tobago) and Bridgetown (Barbados). Case studies were undertaken, particularly on the relations between special public works programmes and international labour standards. The Committee welcomes these activities which contribute to a better practical knowledge of ILO standards and hopes that they will be continued and extended in the future. In particular, the Committee hopes that on-the-spot practical surveys of the impact of international labour standards on development and adjustment measures will be conducted when appropriate. It also believes it is useful to draw attention to the opportunities offered by the fifth programming cycle of the United Nations Development Programme (UNDP), which has just begun, to assist interested countries that wish to base themselves on ILO standards in the determination of their social objectives.

57. In particular, the Committee invites governments to include in their future reports on the application of ratified Conventions, and in their reports on the instruments selected under article 19 of the Constitution, information concerning the relevant technical co-operation activities. The Committee considers that the general survey that the Committee will undertake next year concerning certain instruments related to human resources development and training will provide an opportunity to collect practical information on the relationship between technical co-operation and standards in this important field of activity.

58. 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.

Technical co-operation for the application of certain Conventions

59. In its examination of the reports on the application of the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), the Committee has noted that several countries, and particularly developing countries, continue to experience serious difficulties in drawing up and publishing annual reports on the activities of the labour inspection services, as illustrated by the comments appearing in Part II of this Report. It expresses the wish that the countries concerned, together with countries which, as donors, participate in the financing of international technical co-operation, should, together with the ILO, reflect upon the possibilities of providing appropriate assistance to overcome the above difficulties and thereby give full effect to the relevant provisions of these Conventions.

60. The Committee refers to the general observation it is addressing this year to the States that have ratified the Equal Remuneration Convention, 1951 (No. 100). In that observation, the Committee, after noting the difficulties encountered by many countries in understanding and applying the principle of equal remuneration for men and women for work of equal value, invites governments and employers' and workers' organisations in particular to collect and analyse relevant statistical data and to have recourse to objective job-evaluation systems in order to be able to compare the relative value of jobs.

61. The Committee suggests that the International Labour Office initiate a programme of education among member States to improve the understanding and application of Convention No. 100, and that it offer advisory services and technical assistance, in particular in the fields of statistics and the objective evaluation of jobs.

62. The Committee notes the decisions of the Governing Body at its 244th Session (November 1989) on the action to be taken on the resolution on ILO action concerning indigenous and tribal peoples, adopted by the Conference at the same time as Convention No. 169. It notes with interest the request to the Director-General to develop technical co-operation programmes and projects that will directly benefit the peoples concerned, addressing the severe poverty and unemployment affecting them, including income and employment generation schemes, rural development, vocational training, promotion of handicrafts and rural industries, public works programmes and appropriate technologies.

IV. ROLE OF EMPLOYERS' AND WORKERS' ORGANISATIONS

63. 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 measures. 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 4) 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 5) and the reports due under article 19 of the Constitution.(Endnote 6)

64. In accordance with 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

65. Since its last session, the Committee has received 153 observations, 35 of which were communicated by employers' organisations and 118 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 of the Office to give interested organisations complete information on their role in this area.

66. The majority of observations received (148) relate to the application of ratified Conventions.(Endnote 7)

67. In addition, observations have been received from the International Confederation of Free Trade Unions and from the International Organisation of Employers on the application of Convention No. 111 in Bulgaria; from the International Federation of Plantation, Agricultural and Allied Workers on the application of Convention No. 107 in India; and from the World Federation of Teachers' Union on the applicatioon of Conventions Nos. 98 and 151 in Uruguay. Four observations relate to the reports provided by governments under article 19 of the Constitution, relating to the Merchant Shipping (Minimum Standards) Convention (No. 147) and the Merchant Shipping (Improvement of Standards) Recommendation (No. 155), 1976.(Endnote 8)

68. The Committee notes that, of the observations received this year, 82 were transmitted directly to the ILO, which, in accordance with established practice, referred them to the governments concerned for comment. In 71 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.

69. 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.

70. 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, discrimination, forced labour, employment policy, labour inspection, maritime work, night work, and so forth.

71. The Committee finally notes that the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) has now received 47 ratifications. The Committee hopes that, in accordance with the favourable ratification prospects noted in the General Survey on the Convention in 1982, (Endnote 9) many more countries will be able to ratify it.

V. REPORTS ON RATIFIED CONVENTIONS

Supply of reports

72. 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.

73. 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 1989, were due to be examined this year in respect of 40 Conventions. (Endnote 10) 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

74. A total of 1,719 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, 1,260 of these reports had been received by the Office. This figure corresponds to 73.2 per cent of the reports requested, compared with 74.7 per cent last year. The Committee regrets that, as indicated in paragraph 87 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.

75. In addition, 316 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, 240 reports, or 75.9 per cent, had been received by the end of the Committee's session, in comparison with 80.5 per cent in 1989. 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.

76. Apart from the above-mentioned reports, 26 governments also supplied general reports on the Conventions for which detailed reports were not due for the period under review: Belize, Barbados, Belgium, Burundi, Canada, Chile, Cuba, Cyprus, Czechoslovakia, German Democratic Republic, Kenya, Mongolia, Nepal, New Zealand, Philippines, Poland, Rwanda, Saudi Arabia, Singapore, Sri Lanka, Suriname, Switzerland, Tunisia, Turkey, United Kingdom, United States.

77. 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

78. 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, 34 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: Antigua and Barbuda, Bahrain, Benin, Brazil, Cambodia, Comoros, Democratic Yemen, Djibouti, Dominican Republic, Ghana, Guyana, Haiti, Honduras, Indonesia, Ireland, Lebanon, Libyan Arab Jamahiriya, Malawi, Nicaragua, New Zealand (Tokelau), Qatar, San Marino, Solomon Islands, Swaziland, Syrian Arab Republic, Uganda, United Arab Emirates, United Republic of Tanzania, Yemen, Yugoslavia. No reports have been received for the past two years from the following countries: Grenada, Mauritania, Netherlands (Aruba), New Zealand (Cook Islands, Niue Island), Sierra Leone.

79. 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

80. 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.

81. 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 1989 the proportion of reports received was only 11.4 per cent. Although this is slightly better than last year, the Committee is still very concerned at this percentage, which is very low, and notes that 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 had been held over from 1989.

82. 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 laid down for the sending of their reports so that it can carry out its supervisory function adequately.

83. Furthermore, the Committee notes that for several years a number of countries have been regularly supplying the reports due on ratified Conventions in the period between the end of its work and the beginning of the International Labour Conference or during the Conference. The Committee notes that this practice disturbs the regular functioning of the supervisory system and contributes to making it more burdensome.

Supply of first reports

84. A total of 59 first reports on the application of ratified Conventions were received by the time that 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 1988: Ghana (Convention No. 148); Ireland (Convention No. 159); Netherlands: Aruba (Conventions Nos. 114, 121, 126, 129, 131, 135, 137, 140, 141, 142, 144, 145, 146 and 147). 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

85. 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 46 governments contacted in this way, only nine have sent the information requested.

86. 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.

87. This represents a total of 220 cases,(Endnote 11) in comparison with 177 last year and 224 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.

88. 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

89. 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 are sent to the members concerned in advance of the Committee's session. Each member submits his preliminary conclusions on the instruments for which he is responsible to all his colleagues for their examination. These conclusions are then presented to the Committee in plenary sitting by the author for discussion and approval.

Observations and direct requests

90. 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 not published in the report, but are communicated directly to the governments concerned.

91. 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 1990.

92. 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

93. 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 66 instances in which measures of this kind have been taken in 41 States and 6 non-metropolitan territorites. The full list is as follows:

States Convention Nos.

Afghanistan 111

Non-metropolitian territories

Denmark

France

United Kingdom

94. 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 1,850 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.

95. 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

96. 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.

97. The Committee notes that this year some 56 per cent of the reports supplied on Conventions for which information on practical application was specifically requested contained such data. This percentage is significantly lower than that of 1989, which represented 63 per cent. 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.

98. The following countries have provided information on practical application in more than half the reports concerned: Algeria, Argentina, Australia, Austria, Belgium, Chad, Chile, Côte d'Ivoire, Cyprus, Czechoslovakia, Denmark, Ecuador, Finland, France, German Democratic Republic, Federal Republic of Germany, Greece, Guatemala, Iceland, India, Israel, Italy, Jamaica, Japan, Jordan, Kenya, Luxembourg, Malaysia, Mauritius, Mongolia, Mozambique, Netherlands, New Zealand, Nigeria, Norway, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Rwanda, Senegal, South Africa, Spain, Sudan, Sweden, Switzerland, Thailand, Turkey, United Kingdom, Uruguay, Venezuela, Zambia.

99. 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.

100. 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 again, this year, the majority of countries in question are 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.

101. 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. Nevertheless, the Committee regrets that only 48 reports contain information of this kind and thereby throw additional light on the problems raised in these cases by the practical application of the Conventions in question.

102. 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

103. In accordance with its terms of reference, the Committee this year examined the following information (Endnote 12) 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 75th Session of the Conference (1988): the Safety and Health in Construction Convention No. 167) and Recommendation (No. 175) and the Employment Promotion and Protection against Unemployment Convention (No. 168) and Recommendation (No. 176);

(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 74th (Maritime) Session (1986) (Conventions Nos. 87 to 166 and Recommendations Nos. 83 to 174);

(c) replies to the observations and direct requests made by the Committee in 1989.

75th Session

104. 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 75th Session: Australia, Bahamas, Bahrain, Barbados, Bolivia, Bulgaria, Burundi, Byelorussian SSR, Canada, Côte d'Ivoire, Cuba, Denmark, Dominica, Egypt, Equatorial Guinea, Ethiopia, Finland, France, German Democratic Republic, Ghana, Greece, Hungary, Islamic Republic of Iran, Iceland, Israel, Italy, Japan, Jordan, Lao People's Democratic Republic, Liberia, Luxembourg, Malaysia, Malta, Mozambique, Myanmar, New Zealand, Norway, Philippines, Poland, Qatar, Romania, Rwanda, Saudi Arabia, Senegal, Singapore, Somalia, Switzerland, Togo, Tunisia, Turkey, Ukrainian SSR, United Arab Emirates, United Kingdom, United States, USSR, Zimbabwe.

31st to 74th Sessions

105. 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: Bolivia (70th to 74th Sessions), Cape Verde (69th and 71st to 74th Sessions), Islamic Republic of Iran (62nd to 74th Sessions), Lao People's Democratic Republic (66th to 74th Sessions), Lesotho (66th, 67th, 71st and 72nd Sessions), Philippines (67th to 74th Sessions), Swaziland (68th, 69th, 71st and 72nd Sessions), Zimbabwe (70th to 74th Sessions).

106. 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 75th Sessions of the Conference.

General aspects

107. 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.

108. 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

109. 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. In two of these observations the Committee has expressed its satisfaction at the measures taken in the following countries for the submission of instruments to the competent authorities: Philippines, Zimbabwe. In addition, 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.

110. 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.

111. 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

112. 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 (68th to 75th) (Endnote 13) have in fact been submitted to the competent authorities: Congo, Grenada, Guinea, Haiti, Mauritania, Papua New Guinea, Paraguay, Saint Lucia, Sao Tome and Principe, Seychelles, Sierra Leone, Suriname.

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

113. The Committee noted previously the concern expressed by the Workers' members of the Conference Committee in 1988 that the division of competence between the European Communities and their member States has delayed the submission of the Asbestos Convention, 1988 (No. 162), and the ratification of the Hours of Work and Rest Periods (Road Transport) Convention, 1979 (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 the 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.

114. As regards the impact on the obligation of submission, which is only one aspect of a more general problem, the Committee emphasises 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 Convention or Recommendation lie, submissions to these bodies does not fulfil all the obligations of member States under the provisions of article 19 of the Constitution of the ILO 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 and the decisions taken by those authorities. Under article 23, paragraph 2, of the Constitution, governments are also obliged to communicate to representative organisations of employers and workers a copy of the information concerning submission 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.

115. The Committee trusts in this connection that the concern expressed by the Council and the Commission in the Decision of 22 December 1986 that the preparation of draft ILO instruments in matters in which the Community has exclusive competence should proceed "with due regard for" Convention No. 144, will also apply to the submission of instruments to the competent authorities and that "effective" consultations will continue to be held at the national level, in accordance with Articles 2 and 5 of Convention No. 144.

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

116. 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 Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147), and the Merchant Shipping (Improvement of Standards) Recommendation, 1976 (No. 155).

117. Of a total of 279 reports requested, 166 have been received. (Endnote 14) This represents 59.7 per cent of the reports requested.

118. More particularly, the Committee notes with regret that Cambodia, Paraguay and Sao Tome and Principe 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.

119. 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

120. 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 four members of the Committee, appointed by it.

121. 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, 21 March 1990. (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

Endnote 11

Endnote 12

Endnote 13

Endnote 14