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273rd Session
Geneva, November 1998

Committee on Legal Issues and International Labour Standards



Choice of Conventions and Recommendations
on which reports should be requested in 2000
and 2001 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 non-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 2000 and 2001.

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 1B) form the subject of a general discussion in the Conference Committee on the Application of Standards.

3. 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 have accordingly been requested for the Conventions on forced labour (Conventions Nos. 29 and 105) in 1997, and on the right to organize and collective bargaining (Conventions Nos. 87 and 98) in 1998. It was planned to request reports on the Conventions on discrimination (Conventions Nos. 100 and 111) in 1999, and on child labour (Convention No. 138) in 2000.(1) However, at its 86th Session, in June 1998, when it adopted the ILO Declaration on Fundamental Principles and Rights at Work and its follow-up, the International Labour Conference decided that the annual review of non-ratified fundamental Conventions based on the reports requested under article 19(5)(e) of the Constitution would replace the system of four-yearly reports established by the Governing Body in 1995.(2) The Governing Body is therefore invited to decide on the timetable for the establishment of the follow-up of the Declaration at this session.(3)

4. In addition, it should be recalled that, since 1995, the Working Party on Policy regarding the revision of Standards has proceeded with its examination of ILO Conventions adopted before 1985.(4) As a result of that examination, the Governing Body has decided, in the case of 17 Conventions, that additional information should be requested from constituents in order to be able to evaluate more precisely the need for the revision of these instruments.(5)

5. Concerning eight of these 17 Conventions, the Governing Body has decided to invite member States to provide reports under article 19 of the Constitution and to ask the Committee of Experts to carry out a general survey based on those reports. Of these, the Governing Body has already requested a General Survey concerning the Migration for Employment Convention (Revised), 1949 (No. 97), and the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), which will be submitted to the International Labour Conference in 1999.

6. With respect to the following Conventions, the time for carrying out a General Survey remains to be determined:

Hours of work:
Hours of Work (Industry) Convention, 1919 (No. 1);
Hours of Work (Commerce and Offices) Convention, 1930 (No. 30).

Night work of women:
Night Work (Women) Convention, 1919 (No. 4);
Night Work (Women) Convention (Revised), 1934 (No. 41);
Night Work (Women) Convention (Revised), 1948 [and Protocol, 1990] (No. 89).

Dock Work Convention, 1973 (No. 137).

7. 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.

8. 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.

9. In the light of the foregoing and 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 2000:
the Hours of Work (Industry) Convention, 1919 (No. 1), and the Hours of Work (Commerce and Offices) Convention, 1930 (No. 30);
the Night Work (Women) Convention, 1919 (No. 4), the Night Work (Women) Convention (Revised), 1934 (No. 41), and the Night Work (Women) Convention (Revised), 1948 (No. 89), and Protocol, 1990;

in 2001:
the instruments not chosen for 2000;
the Dock Work Convention (No. 137) and Recommendation (No. 145), 1973.

Geneva, 5 October 1998.

Point for decision:

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




















































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

D. Child labour

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 and tribal peoples, and workers
in non-metropolitan territories

XIII. Particular occupational sectors

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. International Labour Conference, Provisional Record No. 20A, 86th Session, Geneva, 1998.

3. GB.273/3.

4. For a summary of the decisions taken by the Working Party, updated through June 1998 and including references to relevant documents, see GB.273/LILS/WP/PRS/1.

5. The Working Party will at the present session of the Governing Body examine the need for revision of the Conventions concerning seafarers and fishermen (GB.273/WP/PRS/4).

Updated by VC. Approved by RH. Last update: 26 January 2000.