Conclusions

461. Giving a general picture of the situation as regards the matters dealt with by the instruments under consideration is not the only purpose of the general survey carried out every year by the Committee: it is also intended to draw attention to difficulties in the application of the instruments concerned and, where the instrument is a Convention, to identify obstacles to its ratification as perceived by member States. To this end the Committee has at its disposal the reports supplied by the Members which, under article 19, paragraph 5(e), of the Constitution must state "the difficulties which prevent or delay the ratification of such Convention". This examination of the difficulties in application of the instruments and ratification prospects of each of the Conventions will be followed by a few final remarks.

Difficulties in application and ratification prospects

Human resources development

462. Many reports from developing countries point to unfavourable economic and financial conditions as the main obstacle to the full application of the standards concerning human resources development. (Endnote 1) Constraints in terms of manpower, financial and technological resources are said to make it difficult to envisage ratification of this Convention. (Endnote 2) In particular, there are fears that, owing to lack of sufficient investment, people will only be trained for unemployment. (Endnote 3)

463. While referring to these problems, which are often linked to the level of development, most countries express an interest in the standards in question, and several governments state that they use these instruments as a reference point in drafting their legislation and organising their structures responsible for human resources development. In one country, (Endnote 4) where financial and structural difficulties are delaying ratification, and the Act on vocational training is still at the preparatory stage, these instruments are seen as an excellent source of inspiration for policies and programmes in this field. Although inadequate resources and the fact that the competent bodies have been set up only recently prevent the objectives laid down by the standards being implemented in practice, the Government of another country (Endnote 5) is endeavouring to bring national legislation and practice into closer conformity with the provisions of the instruments. One Government (Endnote 6) also reports that relevant legislation is virtually non-existent but recognises that the provisions of the Convention and Recommendation are useful guidelines for the reorganisation of its competent bodies. Another Government states that there appears to be no difficulty in principle in the application of the instruments, but that efficient co-ordination has yet to be achieved between the various structures responsible for human resources development, and that these instruments will provide inspiration in drafting legislation on this subject. (Endnote 7) A Government (Endnote 8) which has recently embarked on a vast project to provide appropriate vocational training to its labour force considers that their provisions are sound in principle but can be fully complemented only gradually.

464. In several countries, bringing national law and practice into conformity with the Convention is considered a prerequisite to ratification. One Government (Endnote 9) expresses its intention to adopt the necessary measures to apply the provisions of the ILO Conventions before ratifying them. Another (Endnote 10) emphasises the promotional nature of Convention No. 142 and states that its ratification can only be envisaged once all provisions are fully covered by national legislation and practice and reflected in measures adopted in the context of vocational training reform. In another country, certain provisions of the Convention which are not covered by legislation prevent its ratification but will be examined when the question of amending the Labour Code comes up. (Endnote 11) Reporting on discrepancies between its legislation and the instruments under consideration, another member State (Endnote 12) expresses its intention to ratify only Conventions which it can actually observe, ensuring a high degree of compliance with the standards laid down.

465. Several governments take a favourable view of the prospects for ratification of Convention No. 142. According to one, there appears to be no difficulty preventing adherence to the Convention in question. (Endnote 13) The Government of one State recalls that at several ILO seminars held there (Endnote 14) Convention No. 142 was constantly mentioned as having good prospects for ratification, as the national human resources development programme was patterned on the standards laid down in the Convention. Another Government (Endnote 15) which considers that its national legislation is in full conformity with the provisions of the Convention states it has already submitted a bill to Parliament for ratification.

466. The Committee notes with interest that the relevance of the standards on human resources development is very widely recognised, both by the States envisaging ratification of the Convention and by those which intend first to develop their policies and programmes in this field in conformity with the Recommendation. The terminology used by the various countries may differ from the wording of the instruments adopted some 15 years ago, but all the reports received bear witness to the continuing relevance (Endnote 16) of the substantive requirements identified at the time by the Conference, in particular as regards the openness, flexibility and complementarity of education, guidance and training systems, the need for lifelong training and the importance of close involvement of the social partners. (Endnote 17)

467. Several reports, however, point out problems specifically relating to vocational guidance, including continuing employment information. Certain governments state that they encounter difficulties in fully applying the relevant provisions of the Convention; others consider that the standards on vocational guidance constitute an obstacle to its ratification. For example, the report of a State which has ratified the Convention (Endnote 18) states that the main constraints in this respect are financial; while another State (Endnote 19) considers that shortcomings in its vocational guidance system prevent it from envisaging ratification of the Convention at this stage.

468. The Committee hopes that it has helped to provide a fair account of the requirements of the Convention: compliance with the provisions on vocational guidance implies that information and assistance in this field are offered to each person, at every stage in his or her life and according to his or her particular needs. Substantial resources are channelled towards this objective in some countries sometimes using expensive technology. This does not mean, however, that the application of these provisions is out of reach for those countries which are unable to allocate such manpower and financial resources to vocational guidance: what the Convention requires is the gradual extension of systems by methods that are appropriate to national conditions.

Paid educational leave

469. Economic or financial difficulties are specially important in the application of the Paid Educational Leave Convention, as it contains substantive provisions concerning the financing of this arrangement for the continuing training of workers. According to one Government, (Endnote 20) the intent of the provisions of the Convention is commendable, but their full implementation would involve considerable expense, which the country is unable to meet at its present stage of development and in view of the financial constraints it must bear. In one country, (Endnote 21) the downturn of the economy is such that the Government and private employers are finding it increasingly difficult to grant paid educational leave to employees. Unfavourable circumstances are also mentioned by a Government (Endnote 22) which intends none the less to ratify the Convention in due time in order to extend and provide a legal framework for the private initiative which already exists.

470. One report (Endnote 23) refers to the impossibility of imposing on employers the expenses involved in financing paid educational leave. In one developing country, (Endnote 24) the weakness of the industrial base makes it impossible to require employers to grant such leave. In one industrialised country, (Endnote 25) although a working group set up in 1980 by the Ministry for Labour recommended that Convention No. 140 be ratified, the Government considers that it cannot envisage imposing extra costs on employers at a time of high unemployment and pronounced international competition.

471. Some countries in difficult economic situations intend none the less to develop a practice in conformity with the instruments. One of them (Endnote 26) will take the necessary steps to adapt its legislation and practice as soon as conditions and its level of development permit. One report, (Endnote 27) however, points out that the grant of paid educational leave involves the creation of a vast infrastructure to provide continuing education to a rapidly growing workforce: the Government therefore considers the grant of paid educational leave as an objective to be achieved by phased implementation in certain selected areas of employment. (Endnote 28)

472. Several governments feel that their national situation is already in conformity with the standards. Thus, one Government (Endnote 29) considers that its legislation largely reflects the provisions of the Convention and Recommendation; another (Endnote 30) is of the view that its national legislation and practice are in conformity with the instruments. One report (Endnote 31) maintains that the legislation in force in the public service is in keeping with the spirit of the provisions. Another (Endnote 32) describes measures which, according to the Government, amount to a practical application of the principles laid down in the standards on paid educational leave.

473. Efforts are being made in other countries to reduce the discrepancy between the national situation and the international standards. Noting that a gap remains between the provisions of the Convention and those of the country's legislation, one Government (Endnote 33) infers that policies to strengthen continuing training will invariably be adopted.

474. Some reports conclude that there is no obstacle to ratification of Convention No. 140. (Endnote 34) One Government (Endnote 35) considers that there are no difficulties likely to prevent or delay ratification. According to another Government, (Endnote 36) there are no practical obstacles. In another country, (Endnote 37) in the view of the employers' and workers' organisations consulted by the Government, recent measures have removed all obstacles to ratification. (Endnote 38)

475. Some governments, on the contrary, have set priorities in their employment policies which they feel to be incompatible with a policy to promote paid educational leave. Thus, priority may be given to the reduction of hours of work for all workers rather than the promotion of paid educational leave. (Endnote 39) In a country (Endnote 40) where measures to assist unemployed workers have until now been given priority over those to encourage employed workers to acquire skills, the subject of paid educational leave will none the less be addressed in the context of the revision of the Act on the vocational training and qualification of the workforce.

476. For some countries, it is the provision on the grant of leave for general, social or civic education which gives rise to difficulties in application. (Endnote 41) According to one Government, (Endnote 42) it is still fairly difficult to formulate a policy of paid leave for purposes of general education, although the principle of lifelong education is accepted. The report from another country (Endnote 43) points out that there are no legislative provisions entitling workers to paid leave for education of their choice which may not correspond to the needs of the enterprise.

477. One Government (Endnote 44) considers that national legislation is not in line with the objectives laid down by Convention No. 140 for, although it does provide for the grant of financial assistance to members of certain disadvantaged groups undergoing continuing training, it does not lay down the right of all workers to be absent from work for educational purposes. One report (Endnote 45) likewise states that the impediment to ratification of the Convention relates to the absence of the right to educational leave for all workers in this country: according to the Government, the introduction of such a general right to educational leave is an essential precondition for adherence to the Convention. The Committee hopes that it has shown in this survey that the Convention does not impose on States bound such an obligation to introduce the right to paid educational leave immediately and for all workers. It also believes it has dealt with certain points raised by one Government (Endnote 46) as to the meaning and scope of certain provisions.

478. Generally speaking, the examination of different national practices in this survey should provide member States with useful indications as to the possible forms of a policy designed to promote, as required by the Convention, the granting of paid educational leave for the purposes indicated, by methods appropriate to national conditions and practice and by stages as necessary. The gradual nature of implementation is thus illustrated by examples of progressive extension of the scope by allowing all workers to benefit from measures originally restricted to certain categories of workers, an increasingly individual approach to leave enabling workers to satisfy their own aspirations, as opposed to leave designed for training to serve the interests of the enterprise, or the example of programmes which were first introduced on an experimental basis before being legislated. Members wishing to promote this means of providing their workers with the opportunity to attain continuing education could also draw inspiration from the methods used to develop gradually the grant of paid educational leave -- which include the periodical review of collective agreements, the amendment of relevant legislation and the adoption of new legislative provisions, including to enact arrangements to which the social partners have already agreed.

Final remarks

479. The Committee's findings in this general survey are a source of both satisfaction and concern. The Committee notes with satisfaction that the objectives set out in the international standards on human resources development are almost universally recognised; at the same time, it must admit that the gradual implementation of these objectives is encountering considerable obstacles in several countries. The universality of the standards is difficult to reconcile with a situation where in several countries or sectors of economic activity general adherence to the principles laid down in the instruments does not lead to their implementation.

480. The growing attention which the Organisation has given to the informal sector, in both its standard-setting and technical co-operation activities, should contribute to a clearer assessment of the difficulties of application inherent in this sector, whose contributions to employment and to development in many countries are now being re-evaluated. In this respect, several reports reveal a tendency to see in Convention No. 142 nothing more than prescriptions of an institutional nature -- an invitation merely to set up central bodies, with little influence on the informal sector. Nevertheless, the informal sector, which by its nature tends to elude regulation, accounts for a sizeable share of vocational guidance and training.

481. The problems raised by the application of the instruments on human resources development open up a vast area for the Office's technical co-operation activities. The emphasis which the Organisation has placed on strengthening the link between standard-setting activities and technical co-operation could be reflected in the Office's competent technical services offering member States greater and more diversified assistance in this area. They might do this in particular through practical advice and suggestions as regards the specific needs and constraints of different regions of the world and levels of development, designed to enhance the attainment of the Convention's objectives. The experience of these services and their understanding of the difficulties encountered could also be made available to all of the Members, for example in the form of a practical guide to help in the formulation and implementation of policies and programmes tailored to national conditions.

482. The Committee welcomes the Governing Body's decision to include within the scope of this general survey an examination of the legislation and practice regarding paid educational leave, thereby stressing the importance which this means of lifelong education for workers assumes in the context of national policies for the development of human resources. Because the provisions on paid educational leave relate simultaneously to the areas of training, conditions of work and industrial relations (as regards trade union education leave), they can stimulate the interest of all concerned and, in particular, encourage workers both collectively and individually to think about their training. The Committee thus notes that several workers' organisations have included the question of paid educational leave in their programmes. Paid educational leave practices which have developed gradually in several countries and which rely heavily on the worker's initiative as regards the choice of training have the merits of emphasising the individual's own responsibility and making the worker's self-interest in further training and updating the main incentive for his or her lifelong education.

483. The instruments' provisions concerning the financing of paid educational leave, thanks to their flexibility, provide a suitable framework for the necessary debate between the social partners and the public authorities on their respective responsibilities in this area. The Committee has taken note of the difficulties which certain countries encounter owing to the weakness of their educational infrastructure or the employers' reluctance to bear the cost of educational leave which is not strictly related to the worker's job. But it has also identified several cases in which the very inadequacy of the general education system has resulted in employers being given a major responsibility in the basic education and general training of their employees. Moreover, it is accepted in many countries that employers contribute to the collective education and training efforts which enable them to benefit from the services of a better-educated labour force. The distinction between vocational training and general education seems to be blurring, as the qualities needed to perform complex and evolving tasks require not only a knowledge of highly specialised techniques but also the capacity to reason and adapt which lifelong general education seems able to develop.

484. The Committee would like to make a few remarks regarding the promotional nature of the two Conventions, to which several governments referred. When it introduced the concept of "promotional Conventions" a few years ago, the Committee used the term to describe a number of Conventions which, rather than laying down precise standards which a State binds itself to apply on ratification, set objectives to be attained by means of a continuing programme of action. Conventions Nos. 140 and 142, which call for the formulation and application of policies aimed at certain objectives and their gradual implementation, belong to this category of instruments. Nevertheless, the Committee notes that certain governments state that, although they adhere to the objectives of these Conventions and are developing corresponding policies, they are unable to ratify them on the ground that they have not yet attained all the objectives. In this respect, as it has pointed out on several occasions, it recalls that becoming a party to this type of Convention does not imply that all of the prescribed objectives have already been achieved or must be achieved in the immediate future, but involves a commitment to implement them gradually by adopting appropriate policies, attitudes and measures. (Endnote 47) The Committee, however, must also recall that the designation of a Convention as promotional in no way implies that it is not a legal instrument containing concrete obligations. Nor does the flexibility of a promotional Convention imply the absence of substantive requirements; rather, this flexibility lies in the discretion of member States to define, within the context of ongoing efforts, the nature and pace of the measures to be taken to achieve the objectives laid down.

485. Lastly, the Committee wishes to emphasise the great extent to which the information received evidences the importance of the instruments on human resources development and on paid educational leave for the whole of the Organisation's standard-setting activity and its pursuit of the objectives of social justice. For by broadening the choice of employment and allowing for labour mobility, by safeguarding each person's opportunities on the employment market, training plays a decisive part in the implementation of the Organisation's fundamental principles. Vocational guidance and training contribute to greater social equity and promote the full exercise of freedom of choice and equality of access in respect of employment and occupation. In both industrialised and developing countries, human resources development henceforth occupies a vital place in employment policies; and the growing role of the social partners in drawing up and applying these policies can be seen as a guarantee of their effectiveness. The contribution of vocational guidance and training to the objectives of non-discrimination, equal opportunity and treatment, and full, productive and freely chosen employment and the need for the close involvement of employers' and workers' organisations in these areas are now universally recognised. The fundamental role of international labour standards is thus enhanced, especially in the framework of a global strategy to deal with the problems arising from structural adjustment and meet the need in all countries "to pursue policies that enable adjustment to the changing conditions of an interdependent world economy". (Endnote 48) While fully aware of the difficulties that must yet be overcome, the Organisation and its Members should see this as an encouragement to pursue their efforts with even greater resolve.

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

Endnote 15

Endnote 16

Endnote 17

Endnote 18

Endnote 19

Endnote 20

Endnote 21

Endnote 22

Endnote 23

Endnote 24

Endnote 26

Endnote 27

Endnote 28

Endnote 29

Endnote 30

Endnote 31

Endnote 32

Endnote 33

Endnote 34

Endnote 35

Endnote 36

Endnote 37

Endnote 38

Endnote 39

Endnote 40

Endnote 41

Endnote 42

Endnote 43

Endnote 44

Endnote 45

Endnote 46

Endnote 47

Endnote 48

Cross references
Constitution: Article 19
Constitution: Article 22
Constitution: Article 35