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 63nd Session in Geneva from 11 to 24 March 1993. The Committee has the honour to present its report to the Governing Body.

2. The Committee noted that Mr. A. GUBINSKI was no longer one of its members. It paid tribute to the contribution that he had made to the work of the Committee for over 30 years.

3. The Governing Body had appointed Mrs. E. LETOWSKA member of the Committee. The Committee was pleased to welcome her to its present session.

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

Mr. Roberto AGO (Italy),

Mrs. Badria AL-AWADHI (Kuwait),

Mr. Prafullachandra Natvarlal BHAGWATI (India),

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

Mr. Semion A. IVANOV (Russian Federation),

Mrs. Ewa LETOWSKA (Poland),

Bernd Baron von MAYDELL (Federal Republic of Germany),

Mr. Kéba MBAYE (Senegal),

Mr. Cassio MESQUITA BARROS (Brazil),

Mr. Benjamin Obi NWABUEZE (Nigeria),

Mr. Edilbert RAZAFINDRALAMBO (Madagascar),

Mr. José María RUDA (Argentina),

Mr. Antti Johannes SUVIRANTA (Finland),

Mr. Boon Chiang TAN (Singapore),

Mr. Fernando URIBE RESTREPO (Colombia),

Mr. Jean Maurice VERDIER (France),

Mr. Budislav VUKAS (Croatia),

Sir John WOOD (United Kingdom),

Mr. Toshio YAMAGUCHI (Japan),

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

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

8. The Committee, after an examination and evaluation of the above-mentioned reports and information, drew up its present report, consisting essentially of the following three parts: Part One is the General Report in which the Committee reviews general questions concerning international labour standards and related instruments and their implementation. Part Two contains observations concerning particular countries on the application of ratified Conventions (see section I and paragraphs 81 to 111 below), on the application of Conventions in non-metropolitan territories (see section II and paragraphs 81 to 111 below), and on the obligation to submit instruments to the competent authorities (see section III and paragraphs 112 to 122 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 Workers with Family Responsibilities Convention (No. 156) and Recommendation (No. 165), 1981 (see paragraphs 123 to 127 below).

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

10. In this context, the Committee notes with interest the decision of the Conference Committee on the Application of Standards to request the Director-General to invite the Chairman of the 63rd Session of the Committee of Experts on the Application of Conventions and Recommendations to attend as an observer the general discussion of the Committee on the Application of Standards of the 80th Session of the International Labour Conference (June 1993). The Committee accepted the invitation and designated its Chairman to represent it in the Committee on the Application of Standards. The Committee hopes this initiative will contribute to the further strengthening of dialogue between the two Committees.

11. The Committee notes the views expressed during the examination of the general part of its report by the Committee on the Application of Standards of the International Labour Conference, at its 79th Session (1992). It notes that the question of establishing a tribunal by virtue of article 37, paragraph 2, of the Constitution of the ILO will be examined by the Office in a study, which will be submitted at the appropriate time to the competent bodies. It notes the continuing reflections of the Conference Committee on the development of the international environment in which the ILO's standard-setting system operates and on the conditions affecting the implementation of international labour standards in developing countries and industrialized countries, and in particular countries which are engaged in a process of transition to a market economy. It shares the concerns expressed by the Conference Committee regarding the need to promote ILO principles and standards and welcomes the greater universality of international labour standards which may result from the admission of new Members.

12. The Committee undertook a preliminary examination of the nature of its contribution to the commemoration of the 75th anniversary of the founding of the ILO and the 50th anniversary of the Declaration of Philadelphia of 1944. It decided to include in its next report its reflections on the present ILO system of standard setting and supervision and its future in the twenty-first century. It decided to appoint a working party for this purpose.

II. GENERAL

Membership of the Organisation

13. Since the Committee's last session the number of member States of the ILO has risen from 153 to 162. Viet Nam was readmitted on 20 May 1992. Kyrgyzstan (31 March 1992), Azerbaijan (19 May 1992), Slovenia (29 May 1992), Moldavia (8 June 1992), Croatia (30 June 1992), Uzbekistan (13 July 1992), Armenia (26 November 1992), the Slovak Republic (22 January 1993) and the Czech Republic (5 February 1993) were admitted to the ILO (the Czech and Slovak Federal Republic ceased to exist on 31 December 1992).

New standards adopted by the Conference in 1992

14. The Committee notes that at its 79th Session (June 1992), the International Labour Conference adopted the Protection of Workers' Claims (Employer's Insolvency) Convention (No. 173) and Recommendation (No. 180), 1992.

15. The Chemicals Convention, 1990 (No. 170), will come into force on 4 November 1993.

Ratifications and denunciations

16. In 1992, 151 ratifications by 31 member States were registered. The total number of ratifications at 31 December 1992 was 5,719. Between the beginning of 1993 and 24 March 1993, 26 ratifications by 11 member States have been registered.

17. The total number of denunciations not accompanied by the ratification of a revised Convention was 73 at 24 March 1993.

18. Since the Committee's last session, the Director-General has registered five denunciations not accompanied by the ratification of a Convention.

19. The Night Work (Women) Convention, 1919 (No. 4), was denounced by Argentina on 4 March 1992. The Government stated that the limitation on the hours worked at night by women was an additional obstacle to the promotion of employment and their effective integration into the labour market, in contrast with the Government's commitment to promote the broadest possible access of workers to the formal sector of the economy.

20. The other denunciations concerned the Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96).

21. The Government of Sweden stated, in a communication dated 4 June 1992, that the abuses noted at the time of the adoption of the Convention should no longer occur, since the existence of powerful trade union organizations and a very complete labour and social security legislation were sufficient to prevent them. The monopoly of public employment services had been increasingly severely criticized, while enterprises whose activity was related to placement services were being increasingly successful, based on the fact that their activity was considered to be beneficial and desirable both for employees and for enterprises and their clients. The Government considered that the effect of competition in the field of job placement should have a salutary effect on the activities of the public employment services and increase the efficiency of the labour market. For that purpose, the Government had decided to set up a commission which, after it had heard the opinions of the parties on the labour market, was due to present proposals to dismantle the public monopoly, while at the same time ensuring that public employment services continued to provide good quality service free of charge in all the sectors of the labour market. The Government of Finland, in a communication dated 30 June 1992, stated that it was currently preparing draft legislation to reorganize the employment services which would liberalize the activities of fee-charging employment agencies to such an extent that the denunciation of the Convention had become inevitable. The Government of Germany stated, in a communication dated 10 July 1992, that it wished to have greater latitude to regulate employment services without awaiting the next period for the denunciation of the instrument.

22. The Government of Côte d'Ivoire, in a communication dated 15 July 1992, stated that, within the context of the liberalization of the labour market, it had adopted provisions which authorized and regulated the activities of fee-paying employment agencies, which were contrary to the provisions of Part II of the Convention. Côte d'Ivoire therefore denounced the Convention and notified its intention of ratifying the instrument once again and accepting the provisions of Part III. This ratification was registered on 28 July 1992. The Committee notes that Côte d'Ivoire remains bound by the obligations of the Convention.

Constitutional and other procedures

23. 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.

A. Complaints submitted under article 26 of the ILO Constitution

Complaint against Sweden

24. Consultations are being pursued concerning the complaint submitted by the Employers' delegate of Sweden to the 78th (1991) Session of the International Labour Conference concerning the observance by Sweden of the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), the Right to Organize and Collective Bargaining Convention, 1949 (No. 98), and the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147).

Complaint against Côte d'Ivoire

25. At the 79th (1992) Session of the International Labour Conference, the Workers' delegates presented a complaint concerning the observance by Côte d'Ivoire of the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87). The Committee on Freedom of Association, which had before it a complaint under the special procedure concerning trade union rights (Case No. 1594), submitted a report to the Governing Body at its 254th (November 1992) Session on the case and on the complaint under article 26 of the Constitution. The Committee on Freedom of Association proposed to examine the question of the setting up of a commission of inquiry during its next examination of the case, in the light of the observations which the Government may send it.

B. Representations submitted under article 24 of the ILO Constitution

Representation concerning the Socialist Federal Republic of Yugoslavia

26. At its 250th (May-June 1991) Session, the Governing Body declared receivable a representation submitted by the International Confederation of Free Trade Unions (ICFTU) alleging non-observance by the SFR of Yugoslavia of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee established to examine the representation submitted its report to the 253rd (May-June 1992) Session of the Governing Body. The Governing Body noted that, while awaiting a decision by the United Nations, it was not possible to identify the Government concerned for the application of article 7 of the Standing Orders governing the procedure for the examination of representations submitted under articles 24 and 25 of the Constitution of the ILO. It was not therefore in a position to set a date for the examination of the report.

Representation concerning Venezuela

27. At its 251st (November 1991) Session, the Governing Body decided that the representation made by the International Organization of Employers (IOE) and the Venezuelan Federation of Chambers and Associations of Commerce and Production (FEDECAMARAS), under article 24 of the ILO Constitution, alleging non-observance by Venezuela of international labour Conventions Nos. 4, 81, 87, 88, 95, 98, 100, 111, 143, 144 and 158, was receivable. It set up a tripartite committee composed of three of its members to examine the questions relating to the application of Conventions Nos. 4, 81, 88, 95, 100, 111, 143, 144 and 158. It referred to the Committee on Freedom of Association the aspects of the representation concerning the observance of Conventions Nos. 87 and 98. The tripartite committee plans to submit its report at the Governing Body's session in May. During its February 1993 session, the Committee on Freedom of Association proposed to examine the substance of the matters relating to the application of Conventions Nos. 87 and 98 at its next session.

Representation concerning Myanmar

28. At its 255th (March 1993) Session, the Governing Body declared receivable a representation made by the International Confederation of Free Trade Unions (ICFTU) alleging non-observance by Myanmar of the Forced Labour Convention, 1930 (No. 29). The Governing Body set up a committee to examine the representation.

Representation concerning Sweden

29. At its 255th (March 1993) Session, the Governing Body declared receivable a representation made by the Swedish Trade Union Confederation (LO), the Swedish Confederation of Professional Employees (TCO) and the International Confederation of Free Trade Unions (ICFTU), alleging non-observance by Sweden of the Employment Injury Benefits Convention, 1964 (No. 121). The Governing Body set up a committee to examine the representation.

C. Special procedures concerning freedom of association

30. At each of its last three meetings (May 1992, November 1992 and February 1993), the Committee on Freedom of Association has had before it an average of 105 cases concerning nearly 50 countries from all parts of the world, in which it presented interim or final conclusions, or cases of which the examination has been adjourned pending the arrival of information from governments (283rd and 286th Reports). Some of these cases have been before the Committee on two occasions. Moreover, since March 1992, more than 75 new cases have been submitted to the Office.

31. The Committee of Experts notes that the Governing Body Committee on Freedom of Association has recommended that the present Committee's attention be drawn to certain aspects of the conclusions adopted in a number of the cases it examined. These cases included those concerning Sudan (Case No. 1508), Turkey (Case No. 1583), Greece (Cases Nos. 1584 and 1632), Honduras (Case No. 1568), Philippines (Case No. 1610) and United Kingdom (Isle of Man) (Case No. 1633).

32. At its 253rd (May-June 1992) Session, the Governing Body noted the report of the Fact-Finding and Conciliation Commission on Freedom of Association appointed to examine the complaint of infringements of trade union rights by South Africa presented by the Congress of South African Trade Unions (COSATU) in May 1988. At the Governing Body's request, the Director-General transmitted the report to the United Nations Economic and Social Council (ECOSOC). At its July 1992 Session, the ECOSOC unanimously adopted a resolution (No. 1992/12) on "Allegations regarding infringements of trade union rights", in which it noted with satisfaction the findings, conclusions and recommendations of the report. ECOSOC requested the Secretary-General of the United Nations to invite the Government to report, no later than 31 December 1992, on the measures which it has taken to give effect to the recommendations contained in the report, and thereafter at yearly intervals until ECOSOC is satisfied that they have been implemented. It also requested that these reports on the measures taken to give effect to the Fact-Finding and Conciliation Commission's conclusions and recommendations be submitted to the Director-General of the ILO, who should provide ECOSOC with any opinions and observations that he deemed useful concerning these reports. ECOSOC also invited the ILO to comply with the request of the Government to provide technical assistance and advice in respect of the recasting of the labour laws in South Africa, and to inform it of action taken in this connection.

Functions in regard to other international and regional instruments

A. International Covenant on Economic, Social and Cultural Rights

33. In accordance with the procedure approved by the Governing Body at its 236th (May 1987) Session, by a communication dated 15 November 1992, the International Labour Office 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 the States whose reports were communicated to the Office by the United Nations. Eight of these reports 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, and five reports concerned article 10 of the Covenant, which deals with the protection of maternity and the protection of children and young persons in the context of employment and work. A representative of the Standards Department took part in the discussion of these reports by the UN Committee on Economic, Social and Cultural Rights.

B. United Nations Convention on the Elimination of All Forms of Discrimination Against Women

34. In conformity with Article 22 of this Convention, the ILO submitted to the Twelfth Session (January-February 1993) of the Committee for the Elimination of Discrimination Against Women a report on the application of the Convention in the areas which are within the scope of the ILO's activities.

C. United Nations Convention on the Rights of the Child

35. The ILO was represented at the Second and Third Sessions of the Committee on the Rights of the Child (Geneva, September-October 1992; January 1993). The above Committee examined the question of its relations with the specialized agencies. From its adoption in 1989 to December 1992, the Convention has been ratified by 126 States.

D. European Code of Social Security and Protocol thereto

36. In accordance with the established supervisory procedure, 14 reports on the European Code of Social Security and the Protocol thereto, submitted by the States which have ratified these instruments, were sent to the Office by the Secretary-General of the Council of Europe. After examining all these reports, the Committee was able to observe that the great majority of the States parties to the Code and the Protocol continue to apply them in full or nearly in full. At the sitting in which the Committee examined the reports on the European Code of Social Security and the Protocol thereto, the Council of Europe was represented by Mr. S.G. Nagel, Principal Administrator of the Social Security Division. 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 York (United Kingdom) in October 1992. As in previous years, the Steering Committee approved the conclusions of the present Committee.

37. The Committee was informed that the European Code of Social Security was ratified by Cyprus on 15 April 1992.

E. European Social Charter and Additional Protocol

38. 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 110th, 111th and 113th Sessions of the Committee of Independent Experts set up to supervise the application of the Charter, held in Strasbourg in 1992. Furthermore, a representative of the International Labour Office participated in the meetings of the Committee for the European Social Charter. The work of that Committee is intended to improve the supervisory procedures and contents of the Charter.

39. The Additional Protocol to the European Social Charter was ratified on 5 August 1992 by the Netherlands. It came into force on 4 September 1992. The Protocol to amend the Charter, which was adopted in 1991, has been ratified by Norway, Portugal and Sweden.

40. The Committee welcomes the excellent collaboration between the International Labour Organisation and the Council of Europe in the activities relating to the Social Charter.

Collaboration with other international organizations

A. Cooperation in the field of standards with the United Nations and specialized agencies

41. In the context of the collaboration established with other international organizations 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 other specialized agencies and intergovernmental organizations with which the ILO has entered into special arrangements for this purpose.

42. Thus, in accordance with established practice, copies of the reports received from governments on the Indigenous and Tribal Populations Convention, 1957 (No. 107), were forwarded for comment to the United Nations, the United Nations Food and Agriculture Organization (FAO), the United Nations Educational, Scientific and Cultural Organization (UNESCO) and the World Health Organization (WHO); copies of these reports were also sent to the Inter-American Indian Institute of the Organization of American States. The WHO also received a copy of one report on the Indigenous and Tribal Peoples Convention, 1989 (No. 169). Furthermore, copies of the reports received on the Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117), were forwarded for comments to the United Nations, the FAO and UNESCO. Copies of reports on the Rural Workers' Organizations Convention, 1975 (No. 141), were communicated to the FAO, UNESCO and the United Nations. Copies of reports on the Human Resources Development Convention, 1975 (No. 142), were communicated to UNESCO. Copies of the reports received concerning the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), were forwarded to the WHO, UNESCO and the United Nations. Copies of the reports received on the Nursing Personnel Convention, 1977 (No. 149), were also communicated to the WHO. Finally, 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 sent to the International Maritime Organization (IMO).

43. Representatives of these Organizations were also invited to attend the sittings of the Committee of Experts at which the Conventions in question were discussed.

B. Relations between the ILO and the European Community

44. The Director-General informed the Governing Body at its 254th (November 1992) Session that on 26 July 1991 the Commission of the European Communities had requested an advisory opinion from the Court of Justice of the European Communities concerning the competence of the European Economic Community to "conclude" (that is, in the last resort, to ratify) the ILO's Chemicals Convention, 1990 (No. 170). The Committee notes that, in the opinion handed down on 19 March 1993, the Court considered that the competence to "conclude" ILO Convention No. 170 belongs at the same time to the Member States (of the Community) and to the Community itself. It recalls the obligation of close cooperation between the Community and the Member States in the process of negotiating, concluding and putting into effect commitments which are assumed, which derives from the requirement for the unified international representation of the Community. This cooperation is considered by the Court to be particularly necessary in this respect since the Community cannot, under international law as it stands at present, become a party itself to an ILO Convention and has to do so through its Members. The Court considers that it is for Community institutions and Member States to take all the necessary measures to ensure the highest degree of cooperation, both as regards the submission to the competent authority and the ratification of Convention No. 170, and in implementing the commitments deriving from the Convention.

45. In the meantime, unofficial consultations have been embarked upon by the ILO on a tripartite basis with the representatives of the Commission. Without prejudice to the juridical questions still pending before the Court of Justice of the European Communities, these consultations were intended to examine the practical implications of the growing role that the Community has been called upon to play in the formulation of international labour standards, and particularly in Conference discussions. The ILO's social partners received the support of the social partners of the Community. It is planned to pursue these consultations once the above advisory opinion has been issued.

Matters relating to human rights

46. The Committee recalls that international labour standards embody the human rights that lie within the ILO's mandate. It is the Committee's practice to note developments in this area in its General Report.

47. The Committee expresses its support for the objectives of the World Conference on Human Rights, which will be held in Vienna from 14 to 25 June 1993, and notes with interest that the International Labour Office intends to take an active part in its deliberations. Noting that the principle objectives of the World Conference include examining the progress made in the achievement of human rights since the establishment of the United Nations, and the examination of the remaining obstacles to their full realization, the Committee hopes that the World Conference will take full account of the ILO's long experience in this connection. The Committee attaches particular importance to the exchange of information with the supervisory bodies of the United Nations system, and to the need to ensure that they exercise their functions with full respect for the work carried out by the other such bodies within their respective mandates.

48. The Committee recalls that 1993 has been proclaimed by the General Assembly of the United Nations as the International Year of the World's Indigenous People. It notes that the International Labour Office has been named co-coordinator of International Year together with the United Nations Centre for Human Rights. Recalling the important role that the ILO has played in this area since its earliest days, the Committee notes that the ILO is increasing its work on this subject during the International Year. It notes, among other activities, the action taken by the Office to intensify its technical cooperation activities for the benefit of these peoples in various regions of the world, and to stimulate reflection among all parts of the United Nations system on the possibilities of coordinating their actions in this area. The Committee considers it particularly appropriate that it has been examining at its present session the first two reports submitted by member States which have ratified the Indigenous and Tribal Peoples Convention, 1989 (No. 169).

49. In this context, it welcomes the award of the Nobel Peace Prize to Ms. Rigoberta Menchu (Guatemala), and the recognition by means of this award of the importance of working for the protection of the rights of the more than 300 million persons belonging to indigenous and tribal peoples around the world.

Questions concerning the application of Conventions

Application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111)

50. This year, the Committee examined reports supplied by 108 States and non-metropolitan territories on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), one of the ILO Conventions having received the greatest number of ratifications. Following this examination, the Committee notes that, while some progress has been made over the last years, in particular regarding the elimination of discrimination based on political opinion, in the light of the democratization which has taken place in a number of countries, and regarding the promotion of equality between men and women, other forms of discrimination, in particular based on race, national origin and religion, have gained in importance, jeopardizing at times the progress made in other areas. In certain countries, these forms of discrimination can be seen in practice. In others, they are laid down in or made possible by the legislation or the legal system in force, which provide for or permit distinctions, exclusions or preferences as regards persons belonging to certain ethnic or religious groups.

51. The Committee wishes to express its concern over this situation. It calls on all governments and workers' and employers' organizations to take all the measures in their power to repeal any statutory or regulatory provision providing for or permitting discrimination incompatible with the Convention and to put an end to discriminatory practices contrary to the Convention. The Committee is of the opinion that major information and education action is vital for a better knowledge, understanding and application of the principles of tolerance and respect for the dignity of others, that are at the basis of the standards on non-discrimination and equality established by the Convention, and it hopes that member States as well as the ILO will be able to undertake such action.

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

52. This year the Committee, as is its usual practice, examined a group of reports as representative as possible covering the period 1990-92. It welcomes the often full, precise and detailed information supplied in reply to the questions in the report form and its own requests, which evidences the special effort made by most governments in discharging their obligation to report on the application of this Convention. The Committee sees this as an important sign of their willingness to pursue and enrich the dialogue concerning employment policies which are implemented in an often difficult context. In this respect, it also appreciates the comments made by workers' and employers' organizations. The Committee, whose task in monitoring this Convention is particularly complex, has had the customary benefit of the technical expertise of the ILO's Employment and Development Department so as better to evaluate the effect given to the provisions of the Convention.

53. The change in the world economic situation - unfavourable for employment - which was already felt at the end of the previous reporting period has hardened and deepened. In the industrialized and in most developing countries, weak growth and, in many cases, the recession in economic activity mean not only that sufficient jobs are not being created but even that jobs are being destroyed, causing a new wave of unemployment. In addition, precarious employment, low productivity or informal employment has continued to rise whether in the form of temporary or involuntary part-time work in industrialized countries, or underemployment and informal sector employment in developing countries. In addition to those cyclical difficulties, many structural constraints are imposed by the need for internal and external adjustment, higher productivity and improved competitiveness in a fierce international environment: these also seem, for the moment, to be on the whole unfavourable to employment.

54. In the particular case of countries in transition to market economy systems, major economic restructuring and difficulties in creating efficient labour markets have led to imbalances in the numbers and types of employment offers and demands, the full extent of which is still difficult to assess. The Committee will continue to follow closely the application of the Convention in the countries in transition to a market economy. In order to minimize the effects of retrenchments, legislation is enacted which, on the whole, meets the objectives of the Convention. Some countries are still at the first stage of restructuring, while in others the employment policy measures implemented are already being revised in the light of the results they have been able to achieve. The Committee welcomes the ILO's determined efforts to help these countries to set up the institutions and mechanisms of the labour market. It also notes the technical cooperation programmes designed or implemented in several developing countries: it would emphasize the importance of these programmes in promoting the aims of the Convention.

55. Despite the very great diversity of national situations before it, the Committee draws from its examination of the policies in place to deal with this high and ever increasing level of unemployment and underemployment some common lessons which confirm its concern regarding the effective pursuit of the objectives of the Convention. Certainly, the majority of governments have indicated that their economic policies aim at creating circumstances which allow the widest possible expansion of employment and pursuing, as an ultimate objective, the attainment of full employment. In the meantime, however, priority continues to be given to restrictive monetary and budgetary policies aimed at countering inflation and balancing public finances or to structural adjustment programmes as indispensable preconditions for a renewal of growth in production and employment. In these circumstances, unemployment tends to be regarded as the inevitable price to be paid for necessary adjustments, redeemable only by the implementation of active labour market policy measures, in particular placement and training, or to be dealt with by income guarantee measures. It is not for the Committee to comment on the choice and mix of economic policy measures used by the States party to the Convention. The Committee is well aware that developments in employment depend also on many and complex factors over which States have little direct control, given for instance the globalization of the economy and new forms of the international division of labour. But it must recall the obligation to formulate and apply "as a major goal" an active policy aimed at promoting full, productive and freely chosen employment, and to decide on and review, "within the framework of a coordinated economic and social policy", the measures to be adopted for attaining these objectives. To regard employment as simply one of many adjustment variables would decidedly be against the spirit of the Convention. Unless the very relevance of the Convention - and moreover the principles and objectives of the ILO which it enshrines - is to be put in question, this should not be forgotten.

56. The Committee has taken note of the resolution concerning employment promotion as an essential component of the general development, in which the International Labour Conference, at its 79th Session, reaffirmed its unfailing support for this Convention. For its part, the Committee emphasizes that, as has been stated at the Conference Committee, the pursuit of employment objectives is indispensable for the safeguard of the fundamental rights of workers as set out in international labour standards since, in addition to being wasteful for the economy, unemployment and underemployment have discriminatory side effects, involve degradation in employment and working conditions, threaten the free choice of employment and might affect the full exercise of freedom of association and the right to collective bargaining.

57. In individual comments, the Committee notes a lack of information, or inadequate mechanisms for consulting employers' or workers' organizations, or negative developments such as the diminution or disappearance of dialogue. There is yet another problem, to which the Committee must return: the participation in the dialogue of representatives of unorganized sections of the population (those in the rural and informal sectors, and the unemployed). The Committee would stress that, whilst the Convention refers simply to methods of application which are "appropriate under national conditions", it does lay down the fundamental obligation to consult "representatives of the persons affected by the measures to be taken" in the wide sense of Article 3.

Application of standards in specific circumstances: Export processing enterprises and zones

58. The Committee has continued its examination of this question in comments concerning a number of countries (for example, Panama, Convention No. 3; Sri Lanka, Convention No. 81; Dominican Republic, Convention No. 87; Pakistan, Convention No. 87; Ecuador, Convention No. 142). It considers that it may be useful to recall in the general part of its Report the characteristics of export processing zones which may have an impact on the application of the Conventions ratified by countries which establish such zones (Endnote 1):

59. The Committee notes the adoption in several countries of legislation establishing export processing zones. One of these texts (Pakistan, Finance Act of 1992) provides for the whole of the labour legislation to be suspended, by government notification in the Official Journal. Certain such texts make no reference to social rights (Colombia), while others envisage the application of certain specific provisions on labour law (Peru, Venezuela). Finally, others provide that labour legislation applies in export processing zones, except for certain provisions which are specified in the text of the legislation (Ecuador, Russian Federation, Ukraine).

60. In each case, it is important to examine the extent to which the application of the Conventions ratified is ensured in practice in these zones. The Committee therefore once again requests governments to supply information on this subject in the reports provided under article 22 of the Constitution of the ILO. It also requests organizations of employers and workers to make comments on these matters, where appropriate.

61. Furthermore, the Committee note with interest a number of developments relating to this issue. In the first place, at its 254th (November 1992) Session, the Governing Body drew the Committee's attention to resolution No. 29, adopted by the Fourth Tripartite Technical Meeting for the Leather and Footwear Industry (February 1992), in which it is requested to continue the consideration of the question of the application of Conventions in export processing zones. Resolution No. 29 also calls for the full application of ILO standards in export processing zones to be ensured and for the promotion of the Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy. In the second place, the Meeting of Ministers from Central America, Panama and the Dominican Republic (Panama, March 1992) declared that exceptional provisions regarding labour should not be applicable to export processing zones. In the third place, in the Dominican Republic, an agreement which is currently being ratified, was concluded between the organizations of employers and workers concerned during a Round-Table on labour standards in export processing zones, governing the free exercise of the right of association in these zones.

III. TECHNICAL ASSISTANCE IN THE FIELD OF

Standard

A. Direct contacts and cooperation in the field of standards

62. A direct contacts mission to examine problems relating to the observance of obligations in respect of international labour standards, and particularly the application of the Forced Labour Convention, 1930 (No. 29), visited Mauritania in May 1992.

63. Since the last session of the Committee, the regional advisers on standards have visited some 40 countries. Most of these visits were designed to assist governments in finding solutions to the various problems experienced in relation to international labour standards. Others had other objectives, such as consultation concerning standards-related questions in the context of technical cooperation activities; the promotion of standards at the national, subregional and regional levels; support for multidisciplinary missions on matters relating to standards; and the promotion of standards among employers' and workers' organizations. The following countries and territories were visited: Africa: Congo, Côte d'Ivoire, Ethiopia, Gambia, Ghana, Mauritania, Nigeria, Senegal, Uganda and Zaire; Latin America and the Caribbean: Aruba, Barbados, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Grenada, Guatemala, Honduras, Panama, Paraguay, Saint Lucia and Trinidad and Tobago; Asia and the Pacific: Australia, Bangladesh, Cambodia, China, Hong Kong, Indonesia, Malaysia, Pakistan, Philippines, Singapore, Sri Lanka, Thailand and Viet Nam. Missions were also undertaken in Central and Eastern European countries: Belarus, Czech and Slovak Federal Republic, Estonia, Latvia, Lithuania, Slovenia and Ukraine.

64. The programme of courses and seminars designed to familiarize national labour administration officials and representatives of employers' and workers' organizations with the obligations of member States and ILO procedures relating to Conventions and Recommendations continued. A course organized in collaboration with the ILO's International Training Centre (Turin) was attended by 20 participants, including officials and members of organizations of employers and workers from the following countries: Albania, Bahrain, Bulgaria, Colombia, Dominican Republic, Ecuador, Iraq, Jordan, Kenya, Korea, Latvia, Lithuania, Madagascar, Paraguay, Romania, Russian Federation, Sao Tome and Principe, Syrian Arab Republic and Turkey.

65. Since April 1992, several regional and subregional seminars have been organized on international labour standards: the Sixth Regional Seminar for Asia and the Pacific on National and International Labour Standards (Bangladesh); an Asian and Pacific workshop on standards-related subjects (Sri Lanka); a regional workshop on the promotion of equality of women in Latin America (Brazil); a subregional seminar on children in bondage (Pakistan); subregional seminars for workers' organizations for central African French-speaking countries (Cameroon); and for Arab-speaking countries (Tunisia); a tripartite seminar on conditions of work in Arab countries (Tunisia); a subregional tripartite seminar on the promotion of equality in employment for French-speaking African countries (Côte d'Ivoire); and a tripartite Baltic seminar on international labour standards (Latvia).

66. Activities for cooperation and the promotion of standards also took the form of participation in seminars, workshops and meetings, and the provision of advisory services concerning international labour standards in or for the following countries: Argentina, Australia, Austria, Azerbaijan, Bangladesh, Belarus, Belgium, Brazil, Bulgaria, Burkina Faso, Chile, China, Czech and Slovak Federal Republic, Costa Rica, Côte d'Ivoire, Cuba, Cyprus, Dominican Republic, El Salvador, Estonia, Ethiopia, France, Gabon, Greece, Honduras, Hungary, India, Israel, Italy, Japan, Kazakhstan, Kyrgyzstan, Korea, Latvia, Lithuania, Mali, Mauritania, Mexico, Nepal, Netherlands, Nicaragua, Panama, Paraguay, Poland, Russian Federation, Saint Kitts and Nevis, Saint Lucia, Senegal, Sierre Leone, Singapore, Slovenia, Spain, Sri Lanka, Switzerland, United Republic of Tanzania, Turkey, Uganda, Ukraine, United Kingdom, United States, Venezuela, Yemen and Zimbabwe.

67. The Thirteenth Regional Conference of American States Members, which was held in Caracas (Venezuela) from 30 September to 7 October 1992, discussed, on the basis of the Director-General's Report, issues including those relating to international labour standards and also the application of standards in the field of social security in the context of the process of economic restructuring.

B. Standards and technical cooperation

68. The relationship between standards and technical cooperation has been taken into account in the definition of the policy of "active partnership", which is intended to bring the ILO closer to governments, employers and workers in order better to respond to their needs and, at the same time, strengthen the relevance and coherence of the Organisation's activities. When they express a need for technical cooperation, the comments made by the supervisory bodies concerning the application of ratified Conventions have been brought to the attention of area offices, regional advisers on standards and the technical departments at headquarters. The information received in response has been transmitted to the Committee of Experts.

69. During the year, responsibility for the technical coordination and supervision of regional advisers was combined with the overall coordination between standards and technical cooperation. The role of regional advisers was redefined and their number was increased. A number of case-studies were prepared with the principal objective of contributing to an understanding of the links between international labour standards and technical cooperation in specific countries or in the context of a particular theme (such as structural adjustment or the informal sector).

70. Several meetings, training seminars and workshops on the relations between international labour standards and technical cooperation were organized at headquarters or in the field in various regions for ILO staff, governments, employers and workers, donors and national counterparts, including parliamentarians and academics.

71. Information was provided to the principal technical advisers and experts in the field of technical cooperation, and to the staff of field offices, on the relationship between standards and technical cooperation. Courses on the same theme were also given regularly within the context of the training courses of the Turin Centre. The French and Spanish versions of the training guide on "International labour standards and development" are nearing completion and work is under way on the Arab version.

72. A workshop on the relationship between standards and technical cooperation was organized in Ankara (Turkey). Dialogues with legislators, with the collaboration of national Labour Ministries, were organized in Costa Rica, Guatemala and Honduras. Academic meetings on the role of international labour standards in the MERCOSUR integration process were held in Asunción (Paraguay), Montevideo (Uruguay), and Córdoba and Buenos Aires (Argentina).

IV. ROLE OF EMPLOYERS' AND WORKERS' ORGANIZATIONS

73. At each session, the Committee draws the attention of governments to the role that employers' and workers' organizations 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' organizations, or their collaboration in a variety of measures. The Committee notes with satisfaction that all governments have indicated in the reports supplied under articles 19 and 22 of the Constitution the representative organizations 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. Almost all governments have also indicated the organizations to which they have communicated copies of the information supplied to the ILO on the submission to the competent authorities of the instruments adopted by the Conference (Endnote 2) and the reports due under article 19 of the Constitution.

74. In accordance with established practice, the ILO sent to the representative organizations 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 the governments were invited to reply in their reports.

Observations made by employers' and workers' organizations

75. Since its last session, the Committee has received 234 observations, 47 of which were communicated by employers' organizations and 187 by workers' organizations. This is the highest number of observations ever received. It shows again the interest of employers' and workers' organizations in the implementation of ILO standards and reflects the constant efforts made by the supervisory bodies and the Office to give interested organizations complete information on their role in this area.

76. The majority of observations received (223) relate to the application of ratified Conventions. (Endnote 3) Eleven observations relate to the reports provided by goverments under article 19 of the Constitution relating to the Workers with Family Responsibilities Convention (No. 156) and Recommendation (No. 165), 1981. (Endnote 4)

77. The Committee notes that, of the observations received this year, 103 were transmitted directly to the ILO which in accordance with the practice established by the Committee, referred them to the governments concerned for comment. In 131 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 observations raised an issue concerning the application of ratified Conventions.

78. The Committee also examined a number of other observations by employers' and workers' organizations, consideration of which had been postponed from the last session, because the observations of the organizations or the replies of the governments had arrived just before or just after the session. It has 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 present meeting to allow sufficient time for the governments concerned to make comments and for the Committee to consider the matters involved.

79. The Committee notes that in most cases the organizations of employers and workers endeavoured to gather and present precise facts on the application in practice of ratified Conventions. It notes that the matters dealt with in these observations have touched on a very wide range of Conventions relating to the following subjects: protection of the right to organize and the right to collective bargaining, discrimination, forced labour, employment policy, labour inspection, tripartite consultations relating to international labour standards, maritime labour.

80. The Committee finally notes that the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), has now received 54 ratifications. Thus, the number of ratifications has doubled since the General Survey on the Convention in 1982, (Endnote 5) which noted favourable prospects in this respect. The Committee hopes many other countries will be able to ratify it, all the more since some have recently adopted provisions to establish tripartite bodies for ILO activities, with reference to the 1976 instruments.

V. REPORTS ON RATIFIED CONVENTIONS

Supply of reports

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

82. 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 1992, were due to be examined this year in respect of 52 Conventions.(Endnote 6) 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

83. A total of 1,824 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, 1,194 of these reports had been received by the Office. This figure corresponds to 65.4 per cent of the reports requested, compared with 69.9 per cent last year. The Committee regrets that, as indicated in paragraphs 96 and 97 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 II (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 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.

84. In addition, 325 reports were requested on Conventions declared applicable with or without modifications to non-metropolitan territories (articles 22 and 35 of the Constitution). Of these, 142 reports, 43.6 per cent, had been received by the end of the Committee's session, in comparison with 74.1 per cent in 1992. A list of the reports received and not received, classified by territory and by Convention, may be found appended to section II of Part Two of this Report.

85. Apart from the above-mentioned reports, 14 governments also supplied general reports on the Conventions for which detailed reports were not due for the period under review: Belgium, Canada, Chad, Cyprus, Ireland, New Zealand, Poland, Saudi Arabia, Singapore, South Africa, Suriname, Switzerland, Turkey, United Kingdom.

86. 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 to enable the Committee to fulfil its task.

Compliance with reporting obligations

87. 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, Part II, section I. However, 42 governments have not complied with their obligation to supply reports on ratified Conventions. Thus, all or the majority of the reports due this year have not been received from the following countries: Afghanistan, Angola, Bahamas, Belize, Benin, Cameroon, Central African Republic, China, Costa Rica, Djibouti, Ecuador, El Salvador, France, France (French Guiana, Guadeloupe, Martinique, Réunion, St. Pierre and Miquelon), Ghana, Guyana, India, Iraq, Jamaica, Malawi, Nepal, Netherlands (Aruba, Netherlands Antilles), Paraguay, Saint Lucia, Sao Tome and Principe, Solomon Islands, Thailand, Trinidad and Tobago, Venezuela, Yemen, Zimbabwe. No reports have been received for the past two or more years from the following countries: Albania, Antigua and Barbuda, Cambodia, Dominica, Guinea-Bissau, Jordan, Lao People's Democratic Republic, Lebanon, Lesotho, Liberia, Seychelles, Somalia.

88. 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 is likely that particular problems of an administrative or technical nature are preventing the government concerned from fulfilling its obligations under the ILO Constitution, and it may be that in cases of this kind assistance from the Office, in particular the help of the technical advisers on standards, could enable the government to overcome its difficulties.

Late reports

89. The Committee is once again bound to emphasize 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.

90. 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 1992, the proportion of reports received was only 17.1 per cent. The Committee is 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 held over from 1992.

91. 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.

92. 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 with concern that this practice disturbs the regular functioning of the supervisory system and contributes to making it more burdensome.

Supply of first reports

93. A total of 75 first reports of the 121 due on the application of ratified Conventions were received by the time that the Committee's session opened. 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 1990: Cameroon (Convention No. 162); Yemen (Conventions Nos. 122, 156 and 158).

94. The Committee recalls that particular importance attaches to the first reports on the basis of which it makes it initial assessment of the observance of ratified Conventions. It therefore requests the governments concerned to make a special effort to supply these reports.

Replies to comments of the supervisory bodies

95. 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 35 governments to which such letters were sent, only five have provided the information requested.

96. The Committee notes with concern that there are a large number of cases in which there has been no reply to its comments. In these 318 cases, out of all the reports requested from the governments, no report or reply to any or the majority of the Committee's comments (observations and direct requests) or the letters sent by the Office has been received. (Endnote 7) This compares with 330 such cases last year and 335 the previous year. The Committee is concerned by the number of these cases, which is still very high. It is bound to repeat the observations or direct requests already made on the Conventions in question.

97. The failure of the governments concerned to fulfil their obligations considerably hinders the work of the Committee of Experts and that of the Conference Committee, and the Committee of Experts cannot overemphasize the special importance of ensuring the dispatch of the reports and the replies to its comments on time.

Examination of reports

98. In examining the reports received on ratified Conventions and Conventions 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. The members submit their preliminary conclusions on the instruments for which they are responsible to all their colleagues for their examination. These conclusions are then presented to the Committee in plenary sitting by their respective authors for discussion and approval.

Observations and direct requests

99. 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.

100. 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 Government 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 1993.

101. 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

102. 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 countries' 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 44 instances in which measures of this kind have been taken in 42 States and 2 non-metropolitan territories. The full list is as follows:

Cases of progress Convention Nos.

Belarus 29, 87, 111

Non-metropolitan territories

France

103. Thus, the total number of cases in which the Committee has been led to express its satisfaction with the progress achieved following its comments has risen to 1992 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 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.

104. 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 has again 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

105. As in previous years, the Committee has been concerned with assessing, on the basis of the information available, the extent to which 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 yearbooks published in the States or by the ILO, observations of employers' or workers' organizations, compilations of judicial or administrative decisions, reports on direct contacts, reports on technical cooperation projects and missions, and other official publications such as manuals, studies and economic and social development plans.

106. The Committee notes with interest 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 higher than that of 1992 and that of 1991, and the same as that of 1990. The Committee none the less reiterates its appeal to governments to make every effort to include the information requested in their reports.

107. The following countries have provided information on practical application in more than half the reports concerned: Algeria, Argentina, Australia, Austria, Bangladesh, Belgium, Brazil, Burkina Faso, Canada, Cape Verde, Chile, Colombia, Costa Rica, Côte d'Ivoire, Cuba, Cyprus, Dominican Republic, Finland, Gabon, Germany, Greece, Guatemala, Hungary, Iceland, Israel, Italy, Kenya, Kuwait, Libyan Arab Jamahiriya, Luxembourg, Madagascar, Mauritius, Mexico, Morocco, Netherlands, Norway, New Zealand, Panama, Philippines, Poland, Portugal, Romania, San Marino, Senegal, Spain, Sri Lanka, Sweden, Switzerland, Syrian Arab Republic, Tunisia, Turkey, Ukraine, United Kingdom, Uruguay, Zaire, Zambia.

108. 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.

109. 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 the 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 in overcoming the difficulties in question.

110. 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. The Committee notes that 45 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.

111. For many years, the Committee has been noting that provisions concerning sanctions to secure observance of measures taken under the provisions of the Conventions to ensure their application are often inadequate because the sanctions laid down do not have a sufficiently dissuasive effect, particularly where violations of basic human rights are concerned. It once again draws attention to the importance of establishing effective sanctions and of adapting monetary penalties, particularly in countries with high rates of inflation, in such a way that they exert an effective preventive influence against acts contrary to the guarantees laid down by international labour Conventions. The Committee again 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 or to determine the amount of such penalties in such a way as to take account of currency fluctuations.

VI. SUBMISSION OF CONVENTIONS AND

Recommendations

112. In accordance with its terms of reference, the Committee this year examined the following informationfn1 supplied by the governments of member States, pursuant to article 19 of the Constitution of the International Labour Organisation:

78th Session

113. 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 78th Session: Australia, Barbados, Burundi, Canada, Cape Verde, Comoros, Côte d'Ivoire, Cuba, Dominican Republic, Egypt, Equatorial Guinea, Ethiopia, Finland, France, Ghana, Guinea-Bissau, Iceland, Indonesia, Islamic Republic of Iran, Iraq, Japan, Kuwait, Lao People's Democratic Republic, Luxembourg, Malta, Mexico, Myanmar, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Norway, Poland, Portugal, Romania, Russian Federation, Saudi Arabia, Singapore, Sudan, Suriname, Sweden, Switzerland, Togo, Tunisia, Turkey, Ukraine, United Kingdom and United States.

31st to 77th Sessions

114. The Committee notes with interest that considerable efforts have been made by several governments to submit instruments adopted by the Conference since its 31st Session to the competent authorities, particularly in the following cases: Angola (74th to 77th Sessions), Cape Verde (76th to 78th Sessions), Fiji (71st to 74th Sessions), Grenada (76th and 77th Sessions), Guinea-Bissau (63rd to 78th Sessions), Haiti (69th, 70th, 72nd and 74th Sessions), India (71st, 72nd and 75th Sessions), Nepal (53rd to 56th, 58th to 61st, 66th, 67th and 75th to 78th Sessions), Sudan (74th to 78th Sessions) and Suriname (66th to 70th and 74th to 78th Sessions).

115. 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 78th Sessions of the Conference.

General aspects

116. The Committee notes with concern that many countries are late - sometimes very late - in submitting to the competent authorities 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.

117. 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 member State on the Conventions and Recommendations adopted by the Conference.

Comments of the Committee and replies from governments

118. 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 three of these observations, the Committee has expressed its satisfaction at the measures taken (in Cape Verde, Guinea-Bissau and Nepal) for the submission of instruments to the competent authorities. 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.

119. The Committee once again 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.

120. 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 governments 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

121. The Committee notes with regret that no information has been supplied by the following 16 governments showing that the Conventions and Recommendations adopted by the Conference during at least the last seven sessions (71st, 72nd and 74th to 78th) (Endnote 9) have in fact been submitted to the competent authorities: Antigua and Barbuda, Bangladesh, Belize, Cambodia, Congo, Guyana, Jamaica, Kenya, Madagascar, Pakistan, Papua New Guinea, Paraguay, Saint Lucia, Seychelles, Sierra Leone and Zaire. The increase in the number of countries which have accumulated a long backlog in this context in comparison with the three previous years is a cause of deep concern for the Committee. Indeed, there is a danger that certain countries may find it difficult if not impossible to bring themselves up to date. What is more, neither the legislative authorities nor public opinion in these countries are regularly informed of the existence of new instruments as the Conference adopts them, which defeats the real purpose of the obligation to submit explained in paragraph 117 above. However, the Committee would like to point out once again that the obligation of submission does not imply that governments must ratify the Conventions or accept the Recommendations in question. The Committee therefore expresses the firm hope that the governments concerned will promptly undertake to submit the instruments adopted at the sessions indicated and that it will be able to note the progress made in this respect in its next report. The Committee finally recalls that governments have the possibility of asking the International Labour Office for the technical assistance which it is able to provide to endeavour to solve this type of problem.

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

122. During the past year, several member States of the European Community (Belgium, Germany, Ireland and Luxembourg) stated that they have submitted the Chemicals Convention (No. 170) and Recommendation (No. 177), 1990, to the appropriate authorities of the Community, in accordance with the procedure of which the Committee became aware a few years ago in connection with the Hours of Work and Rest Periods (Road Transport) Convention, 1979 (No. 153), and the Asbestos Convention, 1986 (No. 162), and their corresponding Recommendations. Of these four governments, two have submitted the instruments concerned to their Parliaments while the other two have commenced the necessary procedures. In their reports, they specified that the consultations provided for in article 23, paragraph 2, of the ILO Constitution and by the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), will be pursued at the national level. The Committee recalls that the question of the submission of certain ILO instruments to the authorities of the European Community was examined at length in its General Report of 1990. (Endnote 10)

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

123. In accordance with the decisions taken by the Governing Body, governments were requested to supply reports under article 19, paragraphs 5 and 7, of the ILO Constitution on the Workers with Family Responsibilities Convention (No. 156) and Recommendation (No. 165), 1981.

124. A total of 280 reports were requested and 153 received. (Endnote 11) This represents 54.9 per cent of the reports requested.

125. The Committee notes with regret that the following States 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: Cambodia, Djibouti, Libyan Arab Jamahiriya, Papua New Guinea, Paraguay, Saint Lucia, Seychelles, Sierra Leone, Solomon Islands, Somalia, Yemen and Zaire.

126. 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

127. Part Three of this report (issued separately as Report III (Part 4B)) contains the General Survey of the Committee on questions covered by Convention No. 156 and Recommendation No. 165. The survey, in accordance with the practice followed in previous years, has been prepared on the basis of a preliminary examination by a working party comprising three members of the Committee.

128. Lastly, the Committee would like to express its appreciation for 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 task in a limited period of time.

Geneva, 24 March 1993. (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