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GB.267/LILS/7
267th Session
Geneva, November 1996

Committee on Legal Issues and International Labour Standards

LILS

SEVENTH ITEM ON THE AGENDA

Choice of Conventions and Recommendations on
which reports should be requested in 1998 and
1999 under article 19 of the Constitution

1. The Committee is called upon to make proposals to the Governing Body regarding the choice of Conventions and Recommendations on which governments might be requested to supply reports under article 19, paragraphs 5(e), 6(d) and 7(b), of the Constitution. These provisions require member States to report "at appropriate intervals, as requested by the Governing Body" on ratified Conventions and on Recommendations, indicating in their reports the extent to which effect has been given or is proposed to be given to those instruments. The practice followed by the Governing Body is to select instruments for article 19 reporting for two consecutive years. Therefore, this document contains the choice of instruments for reporting in 1998 and 1999.

2. This procedure enables the Committee of Experts on the Application of Conventions and Recommendations to carry out general surveys of the effect given to the selected instruments in all member States. These studies cover national law and practice as well as the reasons which prevent or delay the application of the Recommendations or ratification of the Conventions. The general surveys (Report III, Part 4B) form the subject of a general discussion in the Conference Committee on the Application of Standards.

3. In recent years, the Committee has examined various aspects of the procedure provided by article 19 of the Constitution. At its 264th Session, the Governing Body decided that the special procedure already in force for the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), would be extended to the six other Conventions concerning human rights. Without prejudice to the reports submitted under article 19 for general surveys, reports on obstacles to ratification will be requested for the Conventions on forced labour (Conventions Nos. 29 and 105) in 1997, on the right to organize and collective bargaining (Conventions Nos. 87 and 98) in 1998, on discrimination (Conventions Nos. 100 and 111) in 1999 and on child labour (Convention No. 138) in 2000.(1)

4. In addition, following examination by the Working Party on Policy regarding the Revision of Standards of the situation of the Plantations Convention, 1958 (No. 110), the Invalidity, Old-Age and Survivors' Benefits Convention, 1967 (No. 128), the Medical Care and Sickness Benefits Convention, 1969 (No. 130), the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), the Hours of Work and Rest Periods (Road Transport) Convention, 1979 (No. 153), and the Maintenance of Social Security Rights Convention, 1982 (No. 157), the Governing Body decided to invite member States to inform to the Office of the obstacles and difficulties encountered, if any, in ratifying these instruments.(2) The Committee's attention is drawn to the identical proposals made on several instruments which will be examined by the Working Party at the present session.(3) Although the information requested from member States in this context has not the scope of that generally requested under article 19, it seems necessary to await the results of the new procedure before beginning closer examination of the instruments subject to it.

5. To date, the Committee has generally based its choice on certain criteria established by the Governing Body from its past experience:

  1. the number of instruments selected is not too great, so as to avoid placing an undue burden on the national administrations responsible for drawing up the reports, or on the ILO supervisory bodies. The Conventions and Recommendations selected are grouped by subject-matter;
  2. the subjects chosen are of current interest. The reports and their examination by the supervisory bodies may thus be useful in drawing up the ILO's programme of work, including the possible adoption of new or revised standards. They also make it possible to assess the effectiveness and current value of the instruments being reported on. Finally, the reports give national administrations and governments an opportunity to review their policies and to institute other measures in the fields covered by the instruments as well as carrying out new ratifications where appropriate.

6. The appendices to this paper list the instruments on which the Governing Body has decided that reports should be requested under article 19 of the Constitution since 1949, as well as a list by subject-matter.

7. The Tripartite Meeting on Social and Labour Problems caused by Structural Adjustments in the Port Industry (Geneva, 20-24 May 1996) adopted a resolution requesting a report, as soon as possible, following a survey of the difficulties experienced by member States in ratifying and applying the Dock Work Convention (No. 137) and Recommendation (No. 145), 1973. This Convention has been ratified by 22 States. Subject to the information given in paragraph 4 above, the report could also include the Occupational Safety and Health (Dock Work) Convention (No. 152), and Recommendation (No. 160), 1979, in order to provide a general survey on the various aspects of dock work covered by international labour standards. Convention No. 152 has been ratified by 18 States.

8. The Nursing Personnel Convention (No. 149), and Recommendation (No. 157), 1977, concern a sector that is important in quantitative terms and by the place which it occupies in society. The situation of nursing personnel is a subject of broad discussions, in both industrialized and developing countries. The Convention has been ratified by 30 countries.

9. At the meeting of the Governing Body's Committee on Employment and Social Policy in March 1996, representatives of the Governments of Germany and the United States, as well as the Worker Vice-Chairman of the Committee, suggested that the Migration for Employment Convention (Revised) (No. 97) and Recommendation (No. 86), 1949 and the Migrant Workers (Supplementary Provisions) Convention (No. 143) and Recommendation (No. 151), 1975 should be the subject of a request for a report under article 19 of the Constitution. Conventions Nos. 97 and 143 have been ratified by 40 and 17 member States respectively. This survey, which would take place after the Tripartite Meeting of Experts on Future ILO Activities in the Field of Migration (April 1997), would allow the Meeting to complete its work on standards; the previous survey was submitted to the Conference at its 66th Session (1980).

10. Bearing in mind their importance, the instruments relating to tripartite consultation could be the subject of a report request. At its 83rd Session (June 1996), the International Labour Conference adopted conclusions proposed by its Committee on Tripartite Consultation to the effect that the ILO should use all appropriate means to encourage ratification and/or effective application of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), and the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152). The Convention has been ratified by 76 countries. Recent years have been marked by a regular flow of ratifications (five in 1993, 12 in 1994 and five in 1995) which could be encouraged by a general survey to examine the difficulties which might be encountered by States which have not yet ratified the instruments. A previous survey was submitted to the Conference at its 68th Session (1982).

11. In the light of an exchange of views in the Committee the Committee may wish to recommend that the Governing Body request governments to submit reports under article 19 of the Constitution on the following instruments:

in 1998:   the Dock Work Convention (No. 137) and Recommendation (No. 145), 1973, to                 which the Occupational Safety and Health (Dock Work) Convention (No. 152)                 and Recommendation (No. 160), 1979 could be added;
or
               the Nursing Personnel Convention (No. 149) and Recommendation (No. 157),               1977;

in 1999:   the Migration for Employment Convention (Revised) (No. 97) and                 Recommendation (No. 86), 1949 and the Migrant Workers (Supplementary                 Provisions) Convention (No. 143) and Recommendation (No. 151), 1975;
or
               the Tripartite Consultation (International Labour Standards) Convention, 1976               (No. 144), and the Tripartite Consultation (Activities of the International Labour               Organisation) Recommendation, 1976 (No. 152);
or
              the instruments not chosen for 1998.

Geneva, 30 October 1996.

Point for decision: Paragraph 11.

Appendix I

List of Conventions and Recommendations on which
the Governing Body has decided that reports
should be requested from governments
under article 19 of the Constitution

1949

1950

1951

1952

1953

1954

1955

1956

1957

1958

1959

1960

1961

1962

1963

1964

1965

1966

1967

1968

1969

1970

1971

1972

1973

1974

1975

1976

1977

1978

1979

1980

1981

1982

1983

1984

1985

1986

1987

1988

1989

1990

1991

1992

1993

1994

1995

1996

1997

Appendix II

General subject areas covered by article 19 surveys
as set out in the Classified Guide to
International Labour Standards

I.       Basic human rights

A.      Freedom of association

B.       Forced labour

C.      Equality of opportunity and treatment

II.      Employment

A.      Employment policy

B.       Employment services and agencies

C.      Vocational guidance and training

D.       Rehabilitation and employment of disabled persons

E.       Employment security

III.    Social policy

IV.     Labour administration

V.       Industrial relations

VI.     Conditions of work

A.       Wages

B.      General conditions of employment

C.      Occupational safety and health

VII.   Social security (various categories)

VIII.  Employment of women

IX.     Employment of children and young persons

X.      Older workers

XI.     Migrant workers

XII.    Indigenous workers, tribal populations and workers in non-metropolitan territories

XIII.  Other special categories

A.       Seafarers

B.       Fishermen

C.      Inland boatmen

D.      Dockworkers

E.      Plantation workers

F.     Tenants and sharecroppers

G.      Nursing personnel

1 GB.264/9/2, para. 53.

2 GB.265/8/2, para. 24(vi).

3 GB.267/LILS/WP/PRS/2.


Updated by VC. Approved by NdW. Last update: 4 February 2000.

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