The member States of the ILO meet at the International Labour Conference,
held every year in Geneva, Switzerland, in the month of June.
Each member State is represented by two government delegates, an employer
delegate and a worker delegate, plus advisers. Every delegate has the same
rights. Worker and employer delegates often vote against their governments'
representatives or against each other. All can express themselves freely and
vote as they wish. This diversity of viewpoint does not prevent decisions being
adopted by very large majorities, or in many cases even unanimously.
Many of the government representatives are cabinet ministers responsible for
labour affairs in their own countries. Heads of State and prime ministers also
take the floor at the Conference. International organizations, both governmental
and others, are represented by observers. At the 1997 session, the Conference
brought together some 2000 registered delegates and advisers, representing 158
of the ILO's member States.
The Conference, which is often called an international parliament of labour,
has several main tasks.
First, there is the working out (in Committee) and adoption (in Plenary) of
international labour standards in the form of Conventions and Recommendations.
The Conference is also a forum where social and labour questions of
importance to the entire world are discussed freely -- sometimes passionately.
Delegates explore the course of social progress in the world but the central
theme is the overall report presented each year by the ILO's Director-General.
Some recent reports were: Social insurance and social protection (1993),
Defending values, promoting change: Social justice in a global economy (1994),
Promoting employment (1995), and The ILO, standard setting and globalization
(1997).
The Conference also passes resolutions which provide guidelines for the ILO's
general policy and future activities.
Every two years the Conference adopts the ILO's biennial work programme and
budget, which is financed by member States.
When a proposal to place an item on the agenda of the Conference is
discussed for the first time by the Governing Body, the Governing Body
cannot, without the unanimous consent of the members present, take a
decision until the following session.
When it is proposed to place on the agenda of the International Labour
Conference an item which implies a knowledge of the laws in force in the
various countries, the Office shall place before the Governing Body a
concise statement of the existing laws and practice in the various countries
relative to that item. This statement shall be submitted to the Governing
Body before it takes its decision.
In the report mentioned in article 14 of these Standing Orders the
Governing Body shall communicate to the Conference the items being
considered for inclusion in the Conference agenda in time to enable the
Governing Body to take into account, when it takes the final decision on the
agenda, the views expressed at or by the Conference.
Nothing in paragraph 3 of this article shall be deemed to affect the
authority of the Conference under article 16 of the Constitution to exclude
items from the agenda of its current session or to include items in the
agenda of a following session. Moreover, nothing in that paragraph shall
preclude the subsequent addition to the agenda by the Governing Body of an
urgent item on which it has not been possible to obtain the views of the
Conference.
When considering the desirability of placing a question on the agenda of
the International Labour Conference, the Governing Body may, if there are
special circumstances which make this desirable, decide to refer the
question to a preparatory technical conference with a view to such a
conference making a report to the Governing Body before the question is
placed on the agenda. The Governing Body may, in similar circumstances,
decide to convene a preparatory technical conference when placing a question
on the agenda of the Conference.
Unless the Governing Body has otherwise decided, a question placed on the
agenda of the Conference shall be regarded as having been referred to the
Conference with a view to a double discussion.
In cases of special urgency or where other special circumstances exist,
the Governing Body may, by a majority of three-fifths of the votes cast,
decide to refer a question to the Conference with a view to a single
discussion.
When agreement on the agenda of the Conference has not been reached
without vote, the Governing Body shall decide by a first vote whether it
will place all the questions proposed on the agenda. If it decides to insert
all the questions proposed, the agenda of the Conference is considered as
fixed. If it does not so decide, the procedure shall be as follows:
Each member of the Governing Body entitled to vote shall receive a voting
paper on which a list of all the questions proposed is given, and shall
indicate the order in which he wishes them to be considered for inclusion in
the agenda by marking his first preference "1", his second
"2" and so forth; a voting paper which does not indicate the order
of preference for all the questions proposed shall be void. Each member
shall place his voting paper in the ballot box as his name is called on the
roll.
Whenever a question is indicated as a first preference, it shall be
allotted one point, whenever it is indicated as a second preference, two
points and so forth. The questions shall then be listed on the basis of the
total points obtained, the question with the lowest total being regarded as
the first in order of preference. If the voting results in an equal number
of points for each of two or more questions, a vote by show of hands shall
be taken as between them. If the voting is still equal, the order of
preference shall be decided by lot.
The Governing Body shall then decide the number of questions to be placed
on the agenda, in the order of priority established in accordance with
paragraphs 2 and 3. For that purpose, it shall vote first on the total
number of questions proposed minus one, second on the total number of
questions proposed minus two, and so forth, until a majority is obtained.
When the Governing Body decides that a question shall be referred to a
preparatory technical conference it shall determine the date, composition
and terms of reference of the said preparatory conference.
The Governing Body shall be represented at such technical conferences
which, as a general rule, shall be of a tripartite character.
Each delegate to such conferences may be accompanied by one or more
advisers.
For each preparatory conference convened by the Governing Body, the Office
shall prepare a report adequate to facilitate an exchange of views on all
the issues referred to it and, in particular, setting out the law and
practice in the different countries.
If an objection has been lodged against any item on the agenda by the
government of any of the Members, the Conference, after hearing any report upon
the subject which the Governing Body may have presented, shall, in accordance
with article 16 of the Constitution of the Organisation, decide whether such
item is to be retained on the agenda or not. Const. 16, 2
When a question is governed by the single-discussion procedure the
International Labour Office shall communicate to the governments, so as to
reach them not less than 18 months before the opening of the session of the
Conference at which the question is to be discussed, a summary report upon
the question containing a statement of the law and practice in the different
countries and accompanied by a questionnaire drawn up with a view to the
preparation of Conventions or Recommendations. This questionnaire shall
request governments to consult the most representative organisations of
employers and workers before finalizing their replies and to give reasons
for their replies. Such replies should reach the Office as soon as possible
and not less than 11 months before the opening of the session of the
Conference at which the question is to be discussed. In the case of federal
countries and countries where it is necessary to translate questionnaires
into the national language the period of seven months allowed for the
preparation of replies shall be extended to eight months if the government
concerned so requests.
On the basis of the replies received the Office shall draw up a final
report which may contain one or more Conventions or Recommendations. This
report shall be communicated by the Office to the governments as soon as
possible and every effort shall be made to secure that the report shall
reach them not less than four months before the opening of the session of
the Conference at which the question is to be discussed.
These arrangements shall apply only in cases in which the question has
been included in the agenda of the Conference not less than 26 months before
the opening of the session of the Conference at which it is to be discussed.
If the question has been included in the agenda less than 26 months before
the opening of the session of the Conference at which it is to be discussed,
a programme of reduced intervals shall be approved by the Governing Body; if
the Officers of the Governing Body do not consider it practicable for the
Governing Body to approve a detailed programme it shall be in their
discretion to agree on a programme of reduced intervals with the
Director-General.
If a question on the agenda has been considered at a preparatory technical
conference the Office, according to the decision taken by the Governing Body
in this connection, may either:
communicate to the governments a summary report and a questionnaire as
provided for in paragraph 1 above; or
itself draw up on the basis of the work of the preparatory technical
conference the final report provided for in paragraph 2 above.
When a question is governed by the double-discussion procedure, the
International Labour Office shall prepare as soon as possible a preliminary
report setting out the law and practice in the different countries and any
other useful information, together with a questionnaire. The report and the
questionnaire requesting the governments to consult the most representative
organisations of employers and workers before finalizing their replies and
to give reasons for their replies shall be communicated by the Office to the
governments so as to reach them not less than 18 months before the opening
of the session of the Conference at which the question is to be discussed.
The replies should reach the Office as soon as possible and not less than
11 months before the opening of the session of the Conference at which the
question is to be discussed. In the case of federal countries and countries
where it is necessary to translate questionnaires into the national
language, the period of seven months allowed for the preparation of replies
shall be extended to eight months if the government concerned so requests.
The Office shall prepare a further report on the basis of the replies
received indicating the principal questions which require consideration by
the Conference. This report shall be communicated by the Office to the
governments as soon as possible and every effort shall be made to secure
that the report shall reach them not less than four months before the
opening of the session of the Conference at which the question is to be
discussed.
These reports shall be submitted to a discussion by the Conference either
in full sitting or in committee, and if the Conference decides that the
matter is suitable to form the subject of Conventions or Recommendations it
shall adopt such conclusions as it sees fit and may either:
decide that the question shall be included in the agenda of the
following session in accordance with article 16, paragraph 3, of the
Constitution; or
ask the Governing Body to include the question in the agenda of a
later session.
The arrangements referred to in paragraphs 1 to 4 shall apply only in
cases in which the question has been included in the agenda of the
Conference not less than 18 months before the opening of the session of the
Conference at which the first discussion is to take place. If the question
has been included in the agenda less than 18 months before the opening of
the session of the Conference at which the first discussion is to take
place, a programme of reduced intervals shall be approved by the Governing
Body; if the Officers of the Governing Body do not consider it practicable
for the Governing Body to approve a detailed programme it shall be in their
discretion to agree on a programme of reduced intervals with the
Director-General.
On the basis of the replies received to the questionnaire referred to in
paragraph1 and on the basis of the first discussion by the Conference, the
Office may prepare one or more Conventions or Recommendations and
communicate them to the governments so as to reach them not later than two
months from the closing of the session of the Conference, asking them to
state within three months, after consulting the most representative
organisations of employers and workers, whether they have any amendments to
suggest or comments to make.
On the basis of the replies received, the Office shall draw up a final
report containing the text of Conventions or Recommendations with any
necessary amendments. This report shall be communicated by the Office to the
governments so as to reach them not less than three months before the
opening of the session of the Conference at which the question is to be
discussed.
The arrangements referred to in paragraphs 6 and 7 shall apply only in
cases in which there exists a period of 11 months between the closing of the
session of the Conference at which the first discussion took place and the
opening of the next session of the Conference. If the period between the two
sessions of the Conference is less than 11 months, a programme of reduced
intervals shall be approved by the Governing Body; if the Officers of the
Governing Body do not consider it practicable for the Governing Body to
approve a detailed programme it shall be in their discretion to agree on a
programme of reduced intervals with the Director-General.
Where items are placed on the agenda of the Conference with a view to the
adoption of a Convention or a Recommendation, the International Labour Office
shall, at the same time as it is requesting governments for their comments on
the proposed Convention or Recommendation, consult the United Nations and other
specialised agencies in respect of any provision of the proposed Convention or
Recommendation which affects the activities of such organisation or
organisations, and the comments of such organisation or organisations shall be
brought before the Conference, together with the comments received from
governments.
The Conference shall decide whether it will take as the basis of
discussion the Conventions or Recommendations prepared by the International
Labour Office, and shall decide whether such Conventions or Recommendations
shall be considered in full Conference or referred to a committee for
report. These decisions may be preceded by a debate in full Conference on
the general principles of the suggested Convention or Recommendation.
When the Conference has referred to a committee the text of a
Recommendation only, a decision by the committee to propose a Convention to
the Conference for adoption (in place of or in addition to the
Recommendation) shall require a two-thirds majority of the votes cast.
If the Convention or Recommendation is considered in full Conference, each
clause shall be placed before the Conference for adoption. During the debate
and until all the clauses have been disposed of, no motion other than a
motion to amend a clause of such Convention or Recommendation or a motion as
to procedure shall be considered by the Conference.
If the Convention or Recommendation be referred to a committee, the
Conference shall, after receiving the report of the committee, proceed to
discuss the Convention or Recommendation in accordance with the rules laid
down in paragraph 3. The discussions shall not take place before the day
following that on which copies of the report have been circulated to the
delegates.
During the discussion of the Articles of a Convention or Recommendation,
the Conference may refer one or more Articles to a committee.
If a Convention contained in the report of a committee is rejected by the
Conference, any delegate may ask the Conference to decide forthwith whether
the Convention shall be referred back to the committee to consider the
transformation of the Convention into a Recommendation. If the Conference
decides to refer the matter back, the report of the committee shall be
submitted to the approval of the Conference before the end of the session.
The provisions of a Convention or Recommendation as adopted by the
Conference shall be referred to the Drafting Committee for the preparation
of a final text. This text shall be circulated to the delegates.
No amendment shall be allowed to this text, but notwithstanding this
provision the President, after consultation with the three Vice-Presidents,
may submit to the Conference amendments which have been handed to the
Secretariat before the final vote is taken.
On receipt of the text prepared by the Drafting Committee and after
discussion of amendments, if any, submitted in accordance with the preceding
paragraph, the Conference shall proceed to take a final vote on the adoption
of the Convention or Recommendation in accordance with article 19 of the
Constitution of the Organisation. Const. 19
After the adoption of the French and English authentic texts, official
translations of the Conventions and Recommendations may, at the request of
interested governments, be drawn up by the Director-General of the International
Labour Office. It will be open to the Governments concerned to consider such
translations as authoritative in their respective countries for the application
of the Conventions and Recommendations.
When the revision in whole or in part of a Recommendation which has been
previously adopted by the Conference is included in the agenda, the
International Labour Office shall submit to the Conference draft amendments
corresponding to the question or questions in respect of which a proposal
for revision has been placed on the agenda. Const. 14, 16, 3
The Conference shall decide whether it will take as the basis of
discussion the draft amendments prepared by the International Labour Office,
and shall decide whether they shall be considered in full Conference or
referred to a committee for report. These decisions may be preceded by a
debate in full Conference on the general principles of the proposed revision
in whole or in part within the limits permitted by the agenda.
If the draft amendments are considered in full Conference, each of them
shall be placed successively before the Conference for adoption. During the
debate, and until all the draft amendments have been disposed of, no motion
other than a motion to amend the text of one of them or a motion as to
procedure shall be considered by the Conference.
If the draft amendments be referred to a committee, the Conference shall,
after receiving the report of the committee, proceed to discuss the text of
each draft amendment in succession, in accordance with the rules laid down
in the last preceding paragraph. The discussion shall not take place before
the day following that on which copies of the report have been circulated to
the delegates.
During the discussion of the draft amendments the Conference may refer one
or more of them to a committee.
The amendments, together with the consequential amendments of the
unamended provisions of the Recommendation under revision, as adopted by the
Conference, shall be referred to the Conference Drafting Committee, which
shall combine with them the unamended provisions of the Recommendation under
revision so as to establish the final text of the Recommendation in the
revised form. This text shall be circulated to the delegates.
No amendment shall be allowed to this text but, notwithstanding this
provision, the President, after consultation with the three Vice-Presidents,
may submit to the Conference amendments which have been handed to the
Secretariat before the final vote is taken.
On receipt of the text prepared by the Drafting Committee and after
discussion of the amendments, if any, submitted in accordance with the
preceding paragraph, the Conference shall proceed to take a final vote on
the adoption of the Recommendation in accordance with article 19 of the
Constitution of the Organisation.
In accordance with article 14 of the Constitution of the Organisation, and
subject to the provisions of article 16, paragraph 3, of the said
Constitution, the Conference shall not revise in whole or in part a
Recommendation which has previously been adopted by it, save in respect of a
question or questions placed by the Governing Body on the agenda of the
session.
When an item to be placed on the agenda of the Conference concerns the
abrogation of a Convention in force or the withdrawal of a Convention that
is not in force or of a Recommendation, the Office shall place before the
Governing Body a report containing all relevant information which the Office
possesses on this subject.
When an item on abrogation or withdrawal is placed on the agenda of the
Conference, the Office shall communicate to the governments, so as to reach
them not less than 18 months before the opening of the session of the
Conference at which the item is to be discussed, a short report and
questionnaire requesting them to indicate within a period of 12 months their
position, along with the reasons therefor, on the subject of the said
abrogation or withdrawal, along with the relevant information. This
questionnaire shall request governments to consult the most representative
organisations of employers and workers before finalizing their replies. On
the basis of the replies received, the Office shall draw up a report
containing a final proposal which shall be distributed to governments four
months before the session of the Conference.
The Conference may decide to examine this report and the proposal which it
contains directly in a plenary sitting or send it to the Selection
Committee. At the end of this examination in the plenary or in the light of
the report of the Selection Committee, as appropriate, the Conference shall
decide by consensus or, failing that, by a preliminary vote by a two-thirds
majority to submit the formal proposal for the abrogation or withdrawal to a
final vote. This record vote shall take place no earlier than the day
following the preliminary decision.