The 1986 Amendment to the
ILO Constitution: Frequently Asked Questions
This document addresses some
of the questions most commonly asked in relation to the 1986 Instrument
of Amendment to the ILO Constitution, referred to throughout this document
as the ‘1986 Amendment’. It is not an exhaustive analysis of the
1986 Amendment nor an authoritative guide to its interpretation and
effects, but is intended to help those examining it achieve a better
understanding of its provisions and the probable consequences of its
entry into force.
What does the
1986 Instrument of Amendment do and which areas of the Constitution
does the 1986 Instrument of Amendment address?
The 1986 Amendment makes changes
to certain articles of the ILO’s Constitution. The Constitution has
forty articles and this does not alter although the content of eleven
of the articles would be affected by its the entry into force.
The 1986 Amendment addresses
four areas of the ILO’s Constitution. These are:
- the composition
and governance of the Governing Body of the International Labour Office;
- the procedure for
appointment of the Director-General of the ILO;
- voting at the International
Labour Conference; and
- the rules governing
how the Constitution may be amended.
How can the 1986 Amendment enter into force?
To enter into force, the 1986
Amendment will need to be ratified or accepted by two-thirds of the
ILO member states, including at least five of the 10 Members of chief
industrial importance. As there are currently 181 Member States,
the 1986 Amendment needs to be ratified by 121 of them in order to enter
into force.
Which Member States have ratified or accepted
it?
As at 17 October 2007, 89 ratifications
or acceptances (pdf 13 KB) were registered, of which two were from Members of chief
industrial importance (India and Italy). A further 22 ratifications
will be required for this amendment to enter into force. This will need
to include three ratifications from members of chief industrial importance
(from among Brazil, China, France, Germany, Japan, Russia, United Kingdom,
and United States).
How would the Governing Body be composed under the 1986 Amendment?
As a result of the 1986 Amendment,
the composition of the Governing Body under the Constitution would be
changed. These changes would affect both the numbers of seats allocated
under the Constitution and the manner of their allocation. Some of the
changes would be similar to the effect of the modifications to the Standing
Orders of the Conference introduced in 1995 by amendments adopted by
the 82nd Session of the International Labour Conference.
The Governing Body would thus be comprised of 112. Of these, 56 seats
would be for persons representing governments and 28 each for persons
representing employers and workers respectively. However, the changes
contained in the 1986 Amendment are more extensive than the provisions
of the 1995 Amendment to the Standing Orders.
What will be the
geographical distribution of Governing Body seats after the Amendment?
The adoption of the 1986 Amendment
would increase the size of the Governing Body from 56 seats to 112 seats.
Of the 56 seats reserved for governments, 54 of those seats would be
distributed among four geographic regions (Africa, America, Asia and
Europe), weighted by taking into account the number of States Members
within the region, their total population and their economic activity
assessed by appropriate criteria (gross national product or contributions
to the budget of the Organisation), with a minimum of 12 seats and a
maximum of 15 for each Region. One of the two remaining seats would
rotate between Africa and America and the other would be occupied alternately
by Asia and Europe.
Will seats still be reserved on the Governing Body for States of "chief
industrial importance"?
At present the Constitution
designates ten seats on the Governing Body for persons appointed by
the Members of chief industrial importance. After the entry into force
of the amendment this would no longer be the case. Instead the 1986
Amendment provides that the ‘composition shall be as representative
as possible, taking into account the various geographical, economic
and social interests within its three constituent groups, without, however,
impairing the autonomy of those groups.’
This new provision is contained
in amended article 7, paragraph 2, and there are further provisions
contained in amended article 7, paragraph 3 that set out in detail how
these requirements should be assured.
How will seats be allocated between
regions?
Under Article 7, paragraph
3 seats will be distributed among four geographic regions: Africa, America,
Asia and Europe. It provides that these may be adjusted, if necessary,
by mutual agreement between all the governments concerned. Each of the
regions is to be assigned a number of seats based on the application
of equal weighting of the number of states members within the region,
their total population and their economic activity and no region should
have fewer than 12 nor more than 15 seats. The initial allocation provided
for is set at 13 seats for Africa; 12 for America; and for Asia and
Europe, alternately 14 and 15 seats. Economic activity is to be assessed
by appropriate criteria, such as gross national product or contributions
to the budget of the International Labour Organisation. Special arrangements
are included for the allocation of the remaining two seats as between
Africa and America on the one hand, and Asia and Europe on the other
with a view to allowing the participation of Members who have not yet
entered into a protocol for the region concerned.
How will members be appointed to fill the seats of each of the regions?
The electoral college from
which seats for each region shall be filled will be made up of the Government
delegates representing States Members belonging to each of the four
regions, or those attached to them by mutual agreement or invited to
the corresponding Regional Conference (special provisions apply, explained
below). Each electoral college needs to ensure that a substantial number
of members appointed to fill the seats assigned to that region is chosen
on the basis of the size of their population, and that an equitable
geographical distribution is assured. At the same time, other factors
such as economic activity of the members in accordance with the special
characteristics of the region may also play a role. Implementation of
these arrangements requires the governments of each electoral college
to agree protocols between each other and to deposit these with the
Director-General of the ILO.
Can Member States form any other groupings within their regions?
Member states will need to
stay within the four regions identified by the 1986 Amendment but, where
the special characteristics of a region so require, they may form subdivisions
on a sub-regional basis to appoint separately Members to fill the seats
assigned to the sub-region. The 1986 Amendment also specifically provides
that for the European region, the States of Western Europe and those
of Eastern Europe may form separate electoral colleges and select separately
their representatives on the Governing Body. It is important to note
however that the 1986 Amendment allows for the four regions it establishes
to be adjusted by mutual agreement among all the governments concerned.
How would the way the Director-General is appointed change under the
1986 Amendment?
The Director-General of the
ILO would continue to be appointed by the Governing Body but his appointment
would need to be submitted to the International Labour Conference for
its approval. At present there is no requirement for the appointment
to be approved in this way.
Would the 1986 Amendment change the way future amendments can be made
to the Constitution?
The 1986 Amendment makes changes
to the way in which future amendments to the Constitution can be adopted
by amending article 36. For this purpose, it distinguishes between amendments
that relate to the fundamental purposes of the Organisation; the permanent
establishment of the Organisation, the composition and functions of
its collegiate organs and the appointment and responsibilities of its
Director-General; the constitutional provisions relating to the International
Labour Conventions and Recommendations; and the provisions of the amendment
article. For any amendment which relates to any of the categories distinguished
in this way, it requires three-fourths of the votes cast in order to
be adopted, and three-quarters of the members of the Organisation to
ratify or accept it in order to enter into effect.
For any other amendment to
the Constitution, it will suffice for it to be adopted by two-thirds
of the votes cast, and accepted or ratified by two-thirds of the Members
to take effect.
What were the reasons for proposing the
1986 Amendment?
The principal reasons for proposing
the amendment were to give the Governing Body a more representative
membership by providing a means of appointment of its members that took
into account in a more contemporary manner the various geographic, economic
and social interests of its constituent groups. By the adjustment to
the appointment of the Director-General, the whole membership of the
ILO has a role in approving the appointment. The changes to the procedure
for amendments to the constitution are in part a consequence of the
change to the composition of the Governing Body and the fact that there
will no longer be a category of members of chief industrial importance.
Once the 1986 Amendment enters into effect, many areas of potential
constitutional amendment will require a higher degree of acceptance
in order to be adopted or enter into effect.
Why is it taking so long for the 1986
Amendment to enter into force?
The 1986 Amendment requires
the ratification or acceptance of 121 members of the ILO and to date
has been ratified or approved by only 89. Some members may consider
that there is no need to ratify or accept the 1986 amendment due to
the adoption in 1995 of the Amendment to the Standing Orders by the
82nd Session of the International Labour Conference. This
is because the 1995 Amendment increased the number of seats and may
seem to some to make the entry into force of the 1986 Amendment unnecessary.
However, the 1995 Amendment does not offer the full range of changes
involved in the 1986 amendment, in particular, the maintenance of special
seats and powers to members of Chief Industrial Importance. The 1995 Amendment does not alter the manner in which constitutional amendments are made, nor the process for the appointment of the Director General.
How can a Member State ratify or accept an amendment to the Constitution?
Ratification or acceptance
indicates the consent of the Member State to be bound by the 1986 Amendment
and it must therefore be expressed by the representative or representatives
of the State having power to bind the State in external relations and
in a manner that is consistent with the requirements of the national
constitutional order.
Sample format for an Instrument
of Ratification or Acceptance of the 1896 Instrument of Amendment to
the Constitution of the International Labour Organisation (pdf 4.62 KB)
Where can I obtain more information?
The full text of the 1986 Instrument
of Amendment (pdf 930 KB).
Further information is available
from the Office of the Legal Adviser, jur@ilo.org, telephone number + 41 22 799-6525
Address: Office of the Legal
Adviser, International Labour Office , 4, Route des Morillons,
CH-1211 Geneva, Switzerland
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