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International Labour Conference

Composition

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.

Tasks

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.

Convention and Recommendation Procedure

General Provisions

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.

Method of Voting for Placing Items on the Agenda

  1. 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:
  2. 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.
  3. 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.
  4. 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.

Preparatory Conferences

  1. 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.
  2. The Governing Body shall be represented at such technical conferences which, as a general rule, shall be of a tripartite character.
  3. Each delegate to such conferences may be accompanied by one or more advisers.
  4. 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.

Objections to Items on the Agenda

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

Preparatory Stages of Single-discussion Procedure

  1. 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.
  2. 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.
  3. 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.
  4. 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:
    1. communicate to the governments a summary report and a questionnaire as provided for in paragraph 1 above; or
    2. itself draw up on the basis of the work of the preparatory technical conference the final report provided for in paragraph 2 above.

Preparatory Stages of Double-discussion Procedure

  1. 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.
  2. 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.
  3. 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.
  4. 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:
    1. 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
    2. ask the Governing Body to include the question in the agenda of a later session.
  5. 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.
  6. 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.
  7. 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.
  8. 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.

Consultation of the United Nations and Other Specialised Agencies

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.

Procedure for the Consideration of Texts

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. During the discussion of the Articles of a Convention or Recommendation, the Conference may refer one or more Articles to a committee.
  6. 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.
  7. 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.
  8. 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.
  9. 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

Official Translations

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.

Procedure in Case of Revision of a Recommendation

  1. 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
  2. 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.
  3. 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.
  4. 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.
  5. During the discussion of the draft amendments the Conference may refer one or more of them to a committee.
  6. 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.
  7. 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.
  8. 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.
  9. 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.

Procedure to be Followed in the Event of the Abrogation or Withdrawal of Conventions and Recommendations

  1. 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.
  2. 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.
  3. 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.

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