GB.276/2 - Governing Body

1. Since its November 1997 session, the Governing Body has had before it a portfolio of proposals intended for the first discussion of the items to be placed on the agenda of the Conference. According to the guidelines and directions given by the Governing Body, the content of the portfolio is regularly being updated. In this updating process account is taken of recent developments and of the views expressed by the governments of member States and the representatives of the employers' and workers' organizations in the Governing Body, and through direct annual consultations, which have been held since 1997.

(a) Consultations with constituents

2. Since the beginning of this consultation process, over 100 member States from all regions have contributed to the development of the portfolio. In the majority of the replies constituents have expressed their satisfaction at being consulted directly. The views communicated often contain detailed opinions and included reasons for specific proposals in the portfolio as well as new suggestions. In this year's consultations and at the time of writing (24 September) the Office has received the views of 61 governments and of employers' organizations.⁽¹⁾

3. A considerable number of replies refer to preliminary tripartite consultations held at the national level. In several cases, the separate opinions of the national employers' and workers' organizations are appended to the governments' replies. It therefore appears that consultations on the portfolio are contributing to the promotion of social dialogue and in keeping with the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), and Recommendation, 1976 (No. 152).

(b) Restructuring of the portfolio around strategic objectives

4. In response to requests expressed by constituents in the Governing Body as well as in the consultations, the structure of the portfolio has been further developed. It now carries a new first part which contains developed proposals. In order to reflect the new directions given by the Director-General in his Programme and Budget proposals for 2000-01, these developed proposals have been structured around the four strategic objectives which will orient the future activities of the ILO. This new structure could also provide the appropriate framework for a more thematic approach to the proposals in the portfolio, should such an approach be thought desirable.

(c) Emphasis on proposals for revision

5. Another change has been to single out, in a new second part of the portfolio, the proposals for revision of Conventions resulting from the work of the Working Party on Policy regarding the Revision of Standards, which all concern the social protection objective. This is intended to enable the Governing Body to ensure follow-up on its earlier decisions. Such an emphasis on revisions has been requested by a number of constituents, in particular in the most recent consultations.⁽²⁾

6. At the same time, some questions have been raised on the most appropriate ways to proceed with these revisions. The Office has taken into account the calls for a more comprehensive approach, particularly in the field of occupational safety and health. Therefore, in almost all cases several optional methods for implementing the decisions to revise outdated Conventions have been proposed. This is the case, for instance, in the section on the use of hazardous substances (Revision of Conventions Nos. 13 and 136). In order to ensure appropriate follow-up on the decisions for revision, a more general analysis of the merits and limitations of different methods for revising ILO instruments will be examined by the Working Party at the present session.⁽³⁾ The results of this examination will help the Office and the Governing Body evaluate the most appropriate options for further development of the proposals for revision.

(d) Changes in the content of the portfolio

7. The regular updating and development of the proposals has resulted in the following main changes in the content of the portfolio. First, in response to priorities expressed in the consultations and in the Governing Body, the Office has taken up and developed further four proposals, concerning The informal sector, Labour market consequences of ageing, Privatization of public enterprises and Migrant workers. These proposals now appear in the new first part of the portfolio as developed proposals. Secondly, among the developed proposals, further thinking and research has resulted in a review of the focus of the sections on the Social dimensions of sustainable peace-building and Investment and employment. The titles of two developed proposals have been amended in order clearer to reflect the content of the proposal. As regards the Recording and notification of occupational accidents and diseases the Office is now presenting an additional third option on standard-setting action in this field. As regards the items for revision, the decision by the Governing Body to revise Conventions Nos. 16 and 73 is reflected in the introduction of a new revision item on the Medical examination of seafarers. Finally, under the heading "Other proposals" a new proposal, entitled Work and family has been introduced at the suggestion of one Government⁽⁴⁾ in the most recent round of consultations. Three proposals⁽⁵⁾ to examine the situation of International service providers has been taken up in the context of migrant workers. One item has been removed from the portfolio.⁽⁶⁾

8. In order to keep the portfolio up to date, the Office relies on the Governing Body to provide guidelines on the proposals it considers to be a priority and on which further research should be undertaken; on the questions which in its view should be removed from the portfolio; and on the changes that should be made to the titles and content of certain detailed proposals. Furthermore, among the other proposals listed in the third part of this document, a number of suggestions or ideas could be enlarged and incorporated into the developed proposals to be submitted to the Governing Body in November 2000.

(e) Level of preparation of the proposals

9. The portfolio responds to the need to establish a programme of work covering several years so as to ensure better preparation for the work of the Conference. It therefore includes proposals at very different stages of development. One of the advantages of this portfolio is its presentation of a more varied range of subjects to the Governing Body than in the past. The Office has, however, taken note of the concerns expressed that this form of presentation might induce the Governing Body to select items which could not be sufficiently prepared to be the focus of standard-setting action or even of a general discussion at the Conference. In order to provide clearer guidance in this respect, a new introductory paragraph to each of the proposals has been inserted which describes its state of development. The Office has also drawn up the list below of those proposals which, in its opinion, are sufficiently developed to be ready for inclusion in the agenda of the 90th Session (2002) of the Conference.

(f) Agenda of the 90th Session (2002) of the Conference

10. During this 90th Session (2002) the Conference will have before it the following standing agenda items:

Reports of the Chairperson of the Governing Body and the Director-General.
Programme and budget and other financial questions.
Information and reports on the application of Conventions and Recommendations.

11. Furthermore, the agenda of the 89th Session (2001) of the Conference, as drawn up by the Governing Body at its 274th Session (March 1999), includes the following three items: (1) Safety and health in agriculture (second discussion); (2) Promotion of cooperatives (first discussion); and (3) Social security -- Issues, challenges and prospects (general discussion). At the Conference in 2002, a second discussion would therefore take place on the question of the promotion of cooperatives.

12. It is also recalled that at its 86th Session, the International Labour Conference adopted a "resolution concerning the possible adoption of international instruments for the protection of workers in the situations identified by the Committee on Contract Labour" which invited the Governing Body "to place these issues on the agenda of a future session of the International Labour Conference with a view to the possible adoption of a Convention supplemented by a Recommendation if such adoption is, according to the normal procedures, considered necessary by that Conference. The Governing Body is also invited to take this action so that this process is completed no later than four years from now".⁽⁷⁾ This item should therefore be placed on the agenda of the Conference in 2002.

(g) Purpose of the first discussion

13. The Governing Body is invited to hold a first discussion of the proposals in the portfolio in the framework of the provisions of article 10, paragraph 1, of the Standing Orders of the Governing Body with a view to selecting certain items for closer scrutiny at its 277th Session (March 2000). For that session, and based on this selection, the concise statement on law and practice stipulated in article 10, paragraph 2, of the Standing Orders of the Governing Body will be prepared, as appropriate. In March 2000 the Governing Body will then determine which item will be selected to complete the agenda of the 90th Session (2002) of the Conference.

14. At the present session, the Governing Body may wish to examine more closely certain proposals for which sufficient preparatory work has been done to be able to place them on the agenda of the Conference in the year 2002. The Office considers that the following proposals are at such an advanced stage of preparation:

(a) New measures concerning discrimination in employment and occupation -- Extension of the grounds on which discrimination is prohibited in Article 1 of Convention No. 111.

(b) Employment of women.

(d) Investment and employment.

(e) Migrant workers.

(f) Recording and notification of occupational accidents and diseases.

(g) New trends in the prevention and resolution of labour disputes.

(h) The use of hazardous substances -- Revision of Conventions Nos. 13 and 136.

15. Items (a) and (f) have been formulated with a view to the adoption of new standards, and item (h) is a proposal for the revision of standards. The proposal in (e) is for a general discussion to assess the need for future standard-setting action or the revision of existing instruments in this field. The remaining proposals are submitted with a view to a general discussion.

16. It should be recalled that, for logistical and administrative reasons, the Conference can only deal with two standard-setting items at the same Conference.

17. As two items for the adoption of standards are already on the agenda of the 90th Session (2002) of the Conference, the Governing Body will thus only have to select one additional technical item, which should be an item intended for a general discussion or a revision item, in order to complete the agenda.

18. In addition to selecting the items for closer scrutiny at its 277th Session (March 2000), the Governing Body is invited to indicate which other proposals should take priority for research work and consultations by the Office in order to advance their level of preparation, taking into account the resources and time necessary for this to be done.

19. In order to draw up the agenda of the 90th Session (2002) of the Conference and to develop the portfolio, the Governing Body is invited --

(a) to examine the portfolio of proposals for the agenda of the Conference;

(b) to indicate the proposals for which it wishes research work and consultations to be accelerated;

(c) to select the proposals to be examined in greater depth at its 277th Session (March 2000), when it will finalize the agenda of the 90th Session (2002) of the International Labour Conference.

* * *

I. Developed proposals

A. Fundamental principles and rights at work

1. New measures concerning discrimination in employment
and occupation -- Extension of the grounds on which
discrimination is prohibited in Article 1 of Convention No. 111

20. This item, which is proposed for standard setting, was submitted for the first time to the Governing Body in November 1996.⁽⁸⁾ On the basis of a more developed proposal, it was short-listed in November 1998. The present proposal has been slightly modified, and in particular the title changed, in order to clarify that the standard-setting action proposed is an optional extension of the grounds on which discrimination is prohibited by means of the adoption of an additional Protocol to Convention No. 111. This Protocol would not affect the substance of Convention No. 111. This proposal could be ready for inclusion in the agenda of the 90th Session (2002) of the Conference.

(a) The problem

21. In its 1996 Special Survey on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee of Experts on the Application of Conventions and Recommendations recommended that consideration be given to adopting an additional Protocol to the Convention that would cover two points: (1) to extend the grounds on which discrimination was prohibited under the Convention, taking account of changes which have taken place in this field and are reflected in national law, as well as incorporating prohibited grounds of discrimination already covered in other ILO Conventions; and (2) to allow countries to undertake to reverse the burden of proof, under some circumstances, in cases of alleged discrimination.

22. The Committee of Experts suggested the adoption of a Protocol that could be ratified in addition to the Convention, either by countries that had already ratified it, or at the time of ratification. The optional nature of such a Protocol would preserve the current framework of the Convention. The Committee of Experts referred in this context to the extension of the application of the Labour Inspection Convention, 1947 (No. 81), by way of the adoption of an additional Protocol in 1995.⁽⁹⁾ There appears to be general agreement that this approach would be the preferred one should the subject be addressed.

23. As regards additional grounds of discrimination, the Committee of Experts found that there had been a significant increase in the grounds on which discrimination is prohibited in ILO standards and in the national law and practice of a number of States, beyond the seven grounds already listed in Convention No. 111. That Convention requires ratifying States to take action against discrimination in employment and occupation on the basis of race, colour, sex, religion, political opinion, national extraction or social origin. The Committee found, however, that there were sufficient indications in national laws on discrimination, or in other ILO Conventions, to merit the adoption of an additional Protocol that would allow States to undertake further obligations in respect of some or all of the following criteria (listed in alphabetical order): age, disability, family responsibilities, language, matrimonial status, nationality, property, sexual orientation, state of health and trade union affiliation.

24. While the detailed findings of the Committee of Experts are not reproduced here,⁽¹⁰⁾ they provide substantial indications that these additional grounds of prohibited discrimination are being used increasingly in national legislation. Information is included in a large number of national reports under article 22 of the Constitution on the application of Convention No. 111 to this effect. It may be recalled that the Convention was adopted in 1958, before the principal standards on different kinds of discrimination were adopted by the United Nations, adding additional prohibited grounds in international law.⁽¹¹⁾ In the nearly 40 years since then, this subject has also evolved at the national level, leading a number of States to expand protection in their national law.

25. Renewed attention should be directed to the fact that the Committee of Experts also devoted considerable attention in the Special Survey to the additional grounds of discrimination that are covered in other ILO standards.⁽¹²⁾ Even though Convention No. 111 is the ILO's principal instrument on the prevention of discrimination, it does not cover many of the areas on which ILO standards offer the strongest -- and often the only -- protection in international law. On such subjects as age, disability, family responsibilities, trade union affiliation or nationality and migrant status, protection against discrimination in employment and occupation is found in other ILO standards, but not in Convention No. 111. The adoption of a suitable Protocol would allow the consolidation of protection, and added coherence in the ILO's advisory and supervisory efforts on the subject. This may be a particularly important point in the context of the ILO's work in revising its body of standards and rendering them more coherent.

26. In addition, the Committee of Experts felt that there was a need to examine the burden of proof as an element for a Protocol. The Committee noted that it is often impossible, in practical terms, for the victim to prove discrimination. A number of States have adopted legislation or regulations that allow the burden of proof to be reversed in some cases in which discrimination has been alleged, so as to place on the person against whom discrimination is alleged the burden of proving that the disadvantageous treatment was not based on any of the prohibited grounds, where the complaint has produced plausible or prima facie evidence of discrimination. Measures have also been taken by courts in a growing number of countries to reverse the burden of proof in such circumstances; and work on a proposed European Directive on this question has been proceeding since 1995, with adoption predicted in the near future. In the previous discussion, little weight was placed on this question; and while it is relevant to the question of extended grounds, it need not be considered on the same footing if the Governing Body considers the former question to be of greater urgency.

(b) Proposed solution

27. The Governing Body is therefore invited to give further consideration to the proposal by the Committee of Experts to examine an additional Protocol to Convention No. 111 on possible added grounds of discrimination. The Committee recommended that the Governing Body and the Conference consider two alternative solutions in this respect. The first would be to allow States to ratify the additional Protocol and to choose which of the added grounds listed in it they wished to accept as further obligations under the Convention (see the indicative list above). The second possibility would be to adopt a list of "core" grounds that would have to be accepted when ratifying the additional Protocol, and allowing States to decide to accept others from the list as well. As noted, this procedure would preserve the current framework of the Convention. It would contain additional grounds of prohibited discrimination found in national legislation in a number of countries, in a certain number of other standards adopted by the Conference, and in the instruments adopted by other organizations, including by the United Nations in the International Covenant on Economic, Social and Cultural Rights, and in that on Civil and Political Rights, as well as in other human rights standards.

(c) Origin of the proposal

28. As indicated above, the source of the proposal was the Special Survey by the Committee of Experts, at its 1996 session, of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee found that the Convention, one of the fundamental ILO standards, should be extended to cover grounds of discrimination that have emerged in national and international legislation since its adoption in 1958, and to add an additional method of protection against discrimination by reversal of the burden of proof in appropriate cases.

(d) Relation to existing instruments

29. This would be an additional Protocol to Convention No. 111 and would not modify the substance of the Convention.

30. The other ILO standards which cover grounds not included in Convention No. 111 were listed in the Special Survey.⁽¹³⁾ For example, as regards age, the Committee listed seven Conventions and four Recommendations that include this as a prohibited ground of discrimination. The criterion of nationality is included in four Conventions and four Recommendations; and in addition the Committee found it to be "fundamental to the standards relating to migrants and [...] provisions intended to ensure them equality of opportunity and treatment and/or protection against discrimination are therefore included in the corresponding instruments", including six ILO Conventions and four Recommendations.⁽¹⁴⁾ The ILO instruments in which the other proposed grounds included are listed in the Special Survey.

31. On another aspect of the relation to existing Conventions, it was pointed out by the Committee of Experts that a provision already exists in Convention No. 111 allowing governments to undertake obligations with regard to grounds other than those detailed in the Convention. Article 1(1)(b) states that the definition of discrimination can be modified to include any other distinction, exclusion or preference which may be determined by the government of the ratifying country after consultation with representative employers' and workers' organizations. While one speaker in a previous discussion⁽¹⁵⁾ would have preferred that this route be pursued, the Committee of Experts suggested the additional Protocol as a better way of allowing States to extend the grounds covered by the Convention. It may also be noted that suggestions by the Committee of Experts to governments that they have recourse to Article 1(1)(b) have not yet met with a positive response.

32. It may be expected that this additional Protocol would have several important differences from Article 1(1)(b). It could include clear indications of how the determination referred to in Article 1(1)(b) should be made or communicated to the Committee of Experts which the text of the Convention does not do. Furthermore, there is no obligation on governments which have ratified the Convention to undertake any formal consultation on the grounds of discrimination under Convention No. 111, and they do not appear in fact to carry out consultations in this regard.

33. Upon adoption, an additional Protocol would have to be submitted to the competent authorities of all member States in the same manner as Conventions and Recommendations, and would therefore have to be considered formally by governments. Ratification of the additional Protocol would also constitute a public commitment to the grounds specified by the government ratifying it, providing a rallying point for action concerning the prevention of discrimination in employment and occupation. Depending on national legal systems, it would embed the grounds selected in national law as well as in international commitments, in a way that a voluntary declaration under Article 1 of the Convention would not. Finally, there is no contradiction between the approach of ratifying an additional Protocol and that of making additional declarations under Article 1 of the Convention -- they would be compatible and could be complementary if governments were to begin using the declaration procedure allowed for in the Convention.

(e) Future prospects

34. During the discussions in the Governing Body as well as in the context of the consultations on the portfolio held so far, this proposal has received the support of 52 governments⁽¹⁶⁾ and of the Workers' group, while five governments⁽¹⁷⁾ and the Employers' group have stated their objections thereto.

35. If the Governing Body so decides, the Office would be prepared to move ahead quickly to examine a possible Protocol, on the basis of information already available in the Office (principally legislation forwarded in the context of reports on Convention No. 111 and on the other ILO standards covering various grounds of discrimination). This proposal could be ready to be selected for inclusion in the agenda of the 90th Session (2002) of the Conference.

* * *

B. Employment

2. Employment of women

36. This item was submitted for the first time in November 1997, and was short-listed in March 1998 and 1999. The present proposal, which is aimed at a general discussion on this subject, has remained unchanged since November 1998, when it was updated to take into account comments made in the consultations. This proposal could be ready to be selected for inclusion in the agenda of the 90th Session (2002) of the Conference.

(a) The problem

37. One of the most striking phenomena of the twentieth century has been the extent to which women have increased their share of paid employment. Since the 1980s, women have been providing the bulk of all new labour supply in the world at the same time as men's level of economic activity has been consistently falling. With globalization, revolutionary advances in information and communications technology and modern service economies, women appear to be the winners. However, progress towards gender equality needs to be assessed in terms of several basic questions:

What are the new jobs that are being created and destroyed, and how are women and men being affected by this process of job creation and job destruction?
Why do women seem to be more flexible and adaptable than men in entering the new areas of employment?
What are the implications of the employment of women for the employment of men -- are women depriving men of jobs, or are labour markets still highly segregated and if so, why do men still not want to do "women's jobs"?
Given that women are now in the labour force to stay, what is needed to get governments, employers and workers themselves to recognize why women are good for business and why investing fully in their potential is critical?
How is women's employment related to the reduction of child labour, and how can such impacts be promoted?

38. These questions could be put more simply: Have quantitative increases in female employment been matched by qualitative improvements in working conditions? There is no denying that women have come a long way, but why do some old barriers to equality remain impenetrable and why are new ones raised? A disproportionate number of women are engaged in employment that is atypical: part-time, temporary, casual work, involving unusual or irregular hours, or done on a contract or piece-rate basis. These jobs are poorly paid, insecure and often unsafe. Essentially, they are dead-end jobs which offer little scope for upgrading skills and no career prospects. There are also new and growing highly vulnerable groups: female heads of households, migrant women, indigenous women, and the extremely poor are just some of the groups of women who do not appear to be able to escape in any meaningful or sustainable way from falling victim to discrimination and marginalization. In times of high or rising unemployment, women still tend to be the first and most severely affected. Even those women who have succeeded in attaining professional and managerial jobs continue to find it a struggle as men close ranks against them.

39. Whatever their employment status, women still bear the bulk of family responsibilities. A growing number of companies are now implementing family-friendly policies. The challenge, however, is to convince employers, especially of smaller enterprises, that such policies are not a cost of hiring female rather than male workers; and to encourage not only women but also men workers to make use of such policies without fearing that it will be construed as lack of commitment to their work or justification for denying them promotion opportunities. With dual-earner couples increasingly becoming the norm, it is also essential that men assume a more equitable share of the domestic burden.

40. Most countries now have put in place legislative and administrative measures and programmes to eliminate discrimination and promote equality of opportunity and treatment. Enforcement of these measures has been premised on the idea that the government would be a major and model employer, that there would be clear employer-employee relationships, that women workers would be represented by trade unions and that collective bargaining would protect and improve their rights and entitlements. The problem is that these assumptions are increasingly irrelevant as employment for women (and for some men) has changed tremendously in terms of work organization, working time and working life, employment contracts, skill requirements and arrangements for training and social security, etc.

41. Progress towards the achievement of equality of opportunity and treatment has been far from continuous or sustained. In times of economic growth and prosperity, equality is paid more than mere lip service, and resources are devoted to its promotion. However, in periods of transition, recession or downturn, efforts to promote equality are minimized and the measures to enable women to better balance work and family responsibilities are often among the first to be abandoned. Moreover, women are less inclined to seek redress for discrimination in troubled economic periods for fear of retaliation that could result in a loss of employment. Cyclical adherence to this most fundamental human right has thus resulted in slow and uneven progress towards gender equality, and there is sometimes a distinct reversal of whatever gains have been made. With the threats of a global financial crisis or depression looming ever larger, the question cannot be avoided of whether women will be the major losers.

(b) Proposed solution

42. To address the critical issues raised above, it is proposed that the subject of women's employment be included in the portfolio, with a view to a general discussion. A general discussion will provide an important and timely basis for the social partners to identify the special areas in which the ILO could take a leading role to end gender discrimination in employment and occupation. This discussion would also be significant in the light of follow-up on the ILO Declaration on Fundamental Principles and Rights at Work.

43. The general discussion could cover topics dealing with how global trends and developments have led to changes in labour markets and in the nature of jobs and how they affect men and women, both in the world of work and as regards their social relationships and family responsibilities. It can also help identify where in-depth research needs to be done to identify more precisely, for example, how many and what types of jobs are being created or destroyed, why jobs remain seemingly earmarked for women or men, which groups of women (and men) are most vulnerable to unemployment, marginalization and exploitation, and why it is that gender equality appears to be so difficult to achieve. The experience of the social partners will be invaluable in reviewing the effectiveness of current arrangements for the promotion of gender equality, and in determining how the ILO can become more visible globally, and more influential nationally, as an organization that places a high priority on the elimination of gender discrimination.

(c) Origin of the proposal

44. A proposal to consider "Equality and employment for women in the context of globalization and structural change" was proposed for a general discussion at the 1996 International Labour Conference and supported by three governments.⁽¹⁸⁾ It was again proposed for a general discussion for the Conference in 1998, and the Workers' group expressed its support for it.

(d) Relation to existing instruments

45. This proposal on the employment of women is integrally linked to several existing international labour standards. The most significant are the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and the Equal Remuneration Convention, 1951 (No. 100): these Conventions are central to the elimination of discrimination, as endorsed in the Declaration on Fundamental Principles and Rights at Work. Other important Conventions are the Workers with Family Responsibilities Convention, 1981 (No. 156), and the Part-Time Work Convention, 1994 (No. 175).

46. The ILO Declaration on Fundamental Principles and Rights at Work, adopted by the Conference in June 1998, is also relevant to women's employment.

(e) Progress made in research and preparatory work

47. The promotion of gender equality in employment and occupation has been a continuing major activity of the Office. A substantial amount of background materials is therefore already available, in terms of: (i) in-depth research on specific topics related to women's employment (for example, recent publications on gender and jobs, breaking through the glass ceiling, vulnerable groups such as migrant women and those in the sex sector, etc.); (ii) gender disaggregated data on key indicators of the labour market (the KILM project) at the global, regional and national levels; and (iii) information from the large number of technical cooperation activities dealing with various dimensions of gender equality.

48. The ILO's International Programme on More and Better Jobs for Women will be able to provide an evaluation and assessment of the results achieved in formulating and implementing national action plans for more and better jobs for women. The global programme is also in the process of preparing several manuals on good practices for the promotion of more and better jobs for women, dealing with equal pay, discrimination, the protection of vulnerable groups, sexual harassment, and family friendly policies, etc. and the identification of what works in different national contexts, what does not and why. These manuals are being prepared on the basis of the systematic collation and evaluation of policies and programmes of the social partners in different countries, monitoring and evaluation reports of technical cooperation activities, and a review of information from other international organizations and NGOs, etc. The Office is therefore relatively well-placed to provide the materials for a general discussion on the proposed item.

(f) Future prospects

49. In the course of the discussions in the Governing Body as well as in the consultations on the portfolio held so far, 37 governments⁽¹⁹⁾ and the employers' organizations have supported this proposal. Two governments⁽²⁰⁾ have considered that it requires a more specific focus and two others⁽²¹⁾ have stated their opposition to it. One Government⁽²²⁾ has proposed to change the title to "the influence of economic and social policies on women's employment". Three additional proposals regarding the scope of the subject have been made: to consider legal protection of women working in a rural environment;⁽²³⁾ to deal with this item within an integrated approach to the themes in the employment sector;⁽²⁴⁾ and to include the question of the education and training aspects of promoting equality of opportunities.⁽²⁵⁾

3. The informal sector

50. This item is proposed for a general discussion. A consideration of this issue was relaunched by the Director-General in his Report to the Conference in 1991. In the context of the portfolio, it was initially taken up under "other proposals". Based on support for this proposal from constituents in the consultations and in the Governing Body, the Office has focused attention on this item and a developed proposal is now submitted for the first time. It could be ready to be selected for inclusion in the agenda of the 90th Session (2002) of the Conference.

(a) The problem

51. The explosive growth of the informal sector at the end of the twentieth century has been one of the greatest concerns and perhaps one of the least understood aspects of changing national and global labour markets. Paradoxically, the informal sector seems to grow during times of economic growth as well as in times of economic decline, albeit in different segments or sub-sectors: micro-enterprises flourish in good times, while people turn more to survival strategies as own-account (self-employed) or dependent workers in bad times. The sector is vast and heterogenous, and comprises both dynamic enterprises as well as those operating under subsistence conditions. Even in developed countries all these segments coexist and continue to grow. There are also many grey areas wherein the informal sector appears to be part of a continuum embracing subcontracting and flexible work arrangements with and in the formal sector.

52. The informal sector is seen by many both as a problem due to its unregulated and amorphous character and as a solution, since it acts as a sponge for those unable to find employment in the formal sector of the economy. In many developing countries it provides employment for the majority of workers and up to 90 per cent of new entrants into the labour market. The growth of the informal sector is being fuelled by macroeconomic forces ranging from structural adjustment, privatization and liberalization at the national level, as well as the processes of globalization and informalization at the global level.

53. Development and gender are cross-cutting issues. Women comprise a disproportionate number of workers in the informal sector and are concentrated in the poorest and most vulnerable segments. Child labour is also rife, including some of the most intolerable forms.

(b) Proposed solution

54. Based on the ILO's long experience, a number of key issues for discussion come to the fore.

55. First are macroeconomic and sectoral policy issues ranging from the methods of addressing distortions arising from globalization and informalization to national and local issues related to space and security, investment policies (e.g. infrastructure and agriculture), social protection, formal and informal linkages, coverage by labour legislation, regulation and market failures. These require a review of the concept and definition, statistical and measurement issues, and methods to assess the magnitude and trends related to positive and negative policy impact at an early stage.

56. A second major concern is the issue of the organization and representation of informal sector workers, not only for engagement in social dialogue at the local and national levels, but also at the international level (including within the ILO itself). These representative structures provide a crucial and essential vehicle for voicing the basic needs and concerns of the informal sector and defending their interests collectively.

57. A third concern relates to the extension of the underlying principles of international labour standards to the informal sector, including the Declaration on Fundamental Principles and Rights at Work (freedom of association, collective bargaining, forced labour, discrimination and child labour) as well as existing Conventions and Recommendations of particular relevance. Consideration may be given to the possible development of a new instrument laying down these principles and guiding governments on how to apply them to the informal sector, either to specific segments such as street vendors or to the informal sector as a whole.

58. A fourth area requiring review and guidance from constituents concerns identifying suitable institutional and organizational structures for the delivery of, and increasing access to such services as micro-credit, occupational health and safety services, skill and technology upgrading, social protection, and business services. This may imply increasing ILO collaboration with local governments and municipalities, as an operational strategy to bring the informal sector closer to the formal economy.

(c) Origin of the proposal

59. The ILO coined the term "informal sector" in 1972 in an employment strategy mission to Kenya to describe the activities of the working poor. The Director-General relaunched a discussion on this issue in his 1991 Report to the 78th Session (1991) of the International Labour Conference, The dilemma of the informal sector. With the support of three governments it was taken up in the context of the portfolio in 1997.

(d) Relation to existing instruments

60. This proposal is linked to a number of ILO instruments, first and foremost those included in the Declaration on Fundamental Principles and Rights at Work and its Follow-up. Other relevant instruments include the Employment Policy Convention, 1964 (No. 122), and the Employment Policy (Supplementary Provisions) Recommendation, 1984 (No. 169); the Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168); the Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117); the Minimum Wage Fixing Convention, 1970 (No. 131); the Home Work Convention (No. 177) and Recommendation (No. 184), 1996; the Private Employment Agencies Convention (No. 181) and Recommendation (No. 188), 1987; the Rural Workers' Organisations Convention, (No. 141) and Recommendation (No. 149), 1975; the Social Security (Minimum Standards) Convention, 1952 (No. 102), and the Job Creation in Small and Medium-Sized Enterprises Recommendation, 1998 (No. 189).

(e) Progress made in research and preparatory work

61. Following the Director-General's initiative in 1991, the International Conference of Labour Statisticians adopted in 1993 a resolution which defined the informal sector for statistical purposes and provided methodological guidelines for its statistical measurement. In the 1994-95 biennium, the ILO carried out an interdepartmental project on the informal sector which generated cross-sectoral cooperation within the ILO in addressing issues in an integrated way. The country reports and conclusions drawn provided a good platform for further action.

62. The Director-General's Report to the Conference in 1999, Decent work, reiterated the ILO's mandate and concern to reach out to all workers, in particular the working poor, and called on the ILO to open up new channels of representation and technical cooperation to address their problems and concerns. A major step in this direction was the ILO's International Symposium on Trade Unions and the Informal Sector (Geneva, October 1999) with the objective of setting an international agenda for organizing atypical workers and the working poor in the informal sector, particularly own-account (self-employed) and dependent workers. Some employer groups, most notably in India, have now also initiated efforts to assist in quality job creation in the informal sector, particularly in the micro-enterprise sub-sector.

63. During the last ten years, the ILO has made quite substantial efforts to promote the development of informal sector statistics among ILO constituents. These activities extended to all of three main work areas (standard setting, data collection and technical cooperation). During the coming years, substantial and concerted work will be carried out on the informal sector by the ILO, covering macroeconomic policy research, gender, micro-enterprise development, training, organization and representation, extending principles of core labour standards, the extension of social protection, safety and health at work, and data collection. Indeed, many InFocus programmes are actively planning activities specifically targeted at the informal sector. Expansion of the ILO's knowledge and database will be accompanied by pilot demonstration projects and policy advice to the extent that resources permit.

(f) Future prospects

64. It is now generally agreed that the informal sector is here to stay and will play a critical role in employment generation for many years to come. The ILO can play a crucial role in the promotion of decent work in the informal sector, but this must be based on the profound support and clear guidance of its constituents.

65. In the course of discussions in the Governing Body and in the consultations on the portfolio held so far, 24 governments⁽²⁶⁾ and the employers' organizations have expressed support for this proposal. Sixteen governments have responded favourably in the context of this year's consultations. One Government⁽²⁷⁾ is opposed to the proposal. The workers' organizations have requested that the extension of social security protection to the informal sector be examined. A proposal has also been made to focus on occupational safety and health issues in the informal sector.⁽²⁸⁾

66. The year 2002 will mark 30 years since the term was first coined by the ILO. It would therefore be a suitable occasion for the Conference to take stock, through a general discussion, of the ILO's progress in reaching out to the world's working poor and to set future directions for ILO research and action.

4. Investment and employment

67. This item is proposed for a general discussion. It was proposed for the first time by the Employers' group at the 268th Session of the Governing Body in March 1997. It has been short-listed twice (1997 and 1998). The present proposal builds on the updated detailed proposal examined in March 1999 and has been updated. It could be ready to be selected for inclusion in the agenda of the 90th Session (2002) of the Conference.

(a) The problem

68. Globalization has strengthened the importance of private investment at the national level. Globally, foreign direct investment (FDI), which companies make to only a limited number of countries, has largely replaced public investment, such as development aid. The share of portfolio investments has increased. These trends have a considerable impact on the level and structure of economic growth, employment and income distribution.

69. Investment is a crucial element in the process of employment generation and output growth. Since then, concern has only intensified about how labour markets that remain local are affected by capital markets that are increasingly global. Governments, trade unions and employers' organizations have several means to encourage investments in general, especially those with positive employment effects, even though the role of a State as an investor and provider of finance for investments has decreased radically. Changes in the composition, location and sources of finance for investments have affected the selection of available means to influence the investment decisions that are taken primarily in enterprises.

70. The debate on investment and employment is motivated by the underlying question of how more and better jobs can be generated from investment in the changing context of decision-making, especially in areas where they are needed most: in least developed countries; in less developed regions within countries; and in smaller enterprises.

(b) Proposed solution

71. A general discussion on the topic might include the following aspects:

The State's role as an investor and contributor to investments.
The different government roles that need to be balanced: should priority be given to those which most evidently bring the wanted result in the long term, or to the development of new, experimental roles and means?
What are the short- and long-term prospects for investing the available public resources?
Should governments restrict their role to infrastructure building or intervene more directly in private capital formation?
The targeting of investments.
How can labour regulations provide sufficient flexibility to the labour market without violating workers' rights and without reducing employment?
How can taxation be adjusted so that the cost burden is decreased without eroding the social protection system?
How can regulations be reformed so that they promote employment in small and medium-sized enterprises?
The location of investments.
How can the conditions be ensured in a global economy whereby one country's success in attracting investment can be achieved without detriment to any another?
How should the policies and activities of global organizations, regional organizations for economic integration or free trade and national governments be coordinated and prioritized in order to avoid the uneven distribution of FDI and other benefits of globalization?
How should the more successful economies help the others in ensuring a favourable climate for job-creating investment?
The funding of investments.
What should be the role of official development finance in financing investments in developing countries, and how can effective aid and sustainable long-term development be combined?
What kind of preventive safety nets are needed to avoid major economiccrises and to reduce the need for rescue packages; and should safety nets supplant or somehow strengthen private capital, monitoring and closure mechanisms?
Should the public financing of investments be restored, for example by starting to invest the surplus money of social security funds extensively in stock markets?
(c) Origin of the proposals

72. Following a request by the Employers' group at the November 1996 session of the Governing Body, this subject has been submitted for examination by the Governing Body since the 1997 portfolio with a view to a general discussion at the Conference.

(d) Relation to existing instruments

73. The instruments adopted by the ILO in this area include the Employment Policy Convention, 1964 (No. 122), and Recommendation, 1964 (No. 122), as well as the Employment Policy (Supplementary Provisions) Recommendation, 1984 (No. 169).

(e) Progress made in research and preparatory work

74. A working paper on the topic Economic growth and investment was published in 1996. For the current biennium, an action programme on Globalization, area-based enterprise development and employment is under way.

(f) Future prospects

75. In the course of the discussions in the Governing Body and in the consultations on the portfolio held so far, 58 governments⁽²⁹⁾ have expressed support for this proposal while one Government⁽³⁰⁾ has objected to it. While the majority view is to favour a general discussion on this item, a few proposals for standard- setting action have been made.⁽³¹⁾ The employers' organizations have noted that, as currently formulated, they could no longer support this proposal. Their original proposal had changed to such a degree that "the outcome would end up deterring investment rather than promoting it". They reiterated support for a general discussion -- not standard setting -- on this topic as originally proposed.

76. This issue will be part of the ILO's work programme in the 2000-01 biennium, and the Office would be prepared for a Conference discussion in 2002.

5. Labour market consequences of ageing

77. This item, proposed for a general discussion, stems from a government initiative during the November 1997 session of the Governing Body. It was listed under "Other proposals" in the 1998 portfolio. With the support from constituents in the consultations and in the Governing Body, this proposal has now been developed and is presented for the first time. It could be ready to be selected for inclusion in the agenda at the earliest for the 91st Session (2003) of the Conference.

(a) The problem

78. With the continuing decline in fertility and the increase in life expectancy, the world population will age much faster over the next few decades. However, developments in the ageing of populations vary by region and level of development: while developing countries still have a young population that will age only gradually, populations in industrialized countries are relatively old and are rapidly growing older. Europe is, and is projected to remain, the area of the world most affected by ageing. However, there are other regions in the world in which the problem is also becoming more pressing, for example, Japan and China.

79. These demographic developments have important consequences for labour markets. As the supply of young people in the labour force is declining, the older workforce will have to remain additional years in the labour market, not only to prevent financial problems in pension systems, but also to avoid possible bottlenecks in the labour market. The demographic trends and their consequences will also lead to a reconsideration of the widespread practice of early retirement, especially in industrialized countries. In fact, the policy of reducing labour supply at the exit side of the labour market through early retirement has already been restricted in a number of countries. Instead of reductions in the labour supply, it is labour supply increases prompted by the prolongation of working life that are high on the political agenda.

80. While it seems that all the factors cited above point to the necessity to alter former supply reduction policies, there are many barriers which do not allow an easy reversal of labour supply reduction policies. First of all, companies faced with continuous restructuring are more inclined to downsize than to expand employment, and there is no indication that public employment is on the rise. In both public and private companies, downsizing is still accompanied by early retirement. Early retirement gives companies adjustment flexibility and secure income and status to those made redundant. It is therefore not yet clear how firms could maintain or hire older workers.

81. Another example of these barriers is insufficient growth often linked to the low employment intensity of economic growth. In this case, labour markets cannot expand in order to absorb or even maintain older workers in sufficient numbers. In addition, unemployment is in many countries not yet sufficiently low to absorb any increase in labour supply. That is also the reason why in many countries -- despite the new direction of the debate -- the trend towards earlier retirement continues. Early retirement policies are very often supported by the social partners. The support of the social partners will remain as long as the functional arguments -- that the trend of early retirement has led to a loss in human resources -- remains unconvincing in the face of companies looking for inexpensive adjustment both in monetary and social terms. This form of adjustment is also popular among workers who often prefer to retire early. Therefore, both companies and their older workforce have to be convinced that longer active periods result in gains.

(b) Proposed solutions

82. In order to overcome the abovementioned barriers and to adjust to demographic developments, a proactive policy is required by companies, the social partners and the government, taking the following, in particular, into consideration:

Without a strong focus on economic growth and employment creation, special policies towards older workers may only maintain older workers in employment by restricting the entry of younger ones. Therefore, promoting the overall growth of employment opportunities remains the overriding concern.
Companies should ensure that their older workers are trained adequately, adjusted to their particular needs.
Changes in work organization, such as flexible working time arrangements and team work, might help to address the needs both for productivity and decent work.
Social partners and governments should also opt for carefully designed flexible retirement systems. These systems would allow employees to work part time in their last working years, without losing their pension entitlements.
The option of full-time early retirement should not be excluded. It should however be targeted on those most in need of retiring early because of their working conditions. For example, categories of workers with strenuous work and/or long contribution periods -- a category that includes increasing numbers of women -- should not be excluded from the benefits of retiring early.
Full-time early retirement can also come with a replacement obligation. In this case, government (or the social partners, when they administer the unemployment benefit system) subsidizes replacement hiring.
While companies interested in the retention of their older staff would benefit from proactive policies, the existing reluctance could be overcome by targeted public subsidies. For example, incentives could be given to firms that maintain the employment relationship with their older workers and provide them with training.
(c) Origin of the proposal

83. This proposal results from a government initiative at the 271st Session (November 1997) of the Governing Body,⁽³²⁾ and has been included in the portfolio since then under "Other proposals". In the course of the discussions in the Governing Body as well as in the consultations on the portfolio held so far, 22 governments⁽³³⁾ and the employers' organizations have supported this item. One Government⁽³⁴⁾ was opposed to it. In view of the interest for this item demonstrated by constituents in the consultations, this proposal was taken up by the Office for further research. This is the first time that a developed subject on this theme is being submitted to the Governing Body.

(d) Relation to existing instruments

84. Older workers as a specific category requiring special attention and protection against discrimination are the subject of the Older Workers Recommendation, 1980 (No. 162), and they are also included in the Employment Policy (Supplementary Provisions) Recommendation, 1984 (No. 169).⁽³⁵⁾

(e) Progress made in research and preparatory work

85. Work carried out by the ILO in the early 1990s resulted in working papers on training for older workers and on selected OECD countries' experience regarding national and enterprise policies directed at the specific problems of older workers. Both the World Labour Report of 1995 and the World Employment Report of 1998 have taken up the issue. Recent employment and training papers make substantial contributions to the overall theme of ageing and its labour market consequences. A 1999 topical paper served as input for a special G8 conference on this theme in September 1999 in Tokyo.

(f) Future prospects

86. The ageing of the workforce is an important topic, especially in OECD countries. The most critical effects of this process, however, have yet to come. The ILO needs to build up a solid knowledge base on this issue. Governments and social partners in all European countries have started to design and implement appropriate policies. The effects of these policies need to be closely watched by the ILO. Substantive research activities should be undertaken in several countries and regions. Relationships between the problems and needs of older workers and those of younger ones have also to be addressed. This issue could be considered for the Conference at a later stage, beyond 2002.

6. Privatization of public enterprises

87. This item stems from government initiatives in the 1997 consultations aimed at holding a general discussion. It was taken up under "Other proposals" in the 1998 portfolio. With support from constituents in the consultations and in the Governing Body, this proposal has now been developed and is presented for the first time. It could be ready to be selected for inclusion in the agenda at the earliest at the 91st Session (2003) of the Conference.

(a) The problem

88. The privatization of previously state-controlled enterprises has been one of the important economic developments of the last 20 years. The privatization process accelerated rapidly in the late 1980s and the 1990s as a result of widespread economic restructuring provoked by the increasing pace of industrial globalization and the strong general trend towards market-based economic principles. There is every reason to believe that the pace of privatization will continue to be a major issue in the continuing efforts by many countries, not the least China and in Central and Eastern Europe, to restructure their economies in the face of increasing global competition and requirements for improved fiscal discipline.

89. Many countries are privatizing inefficient and loss-making state enterprises with a view to improving their competitiveness and reducing public sector deficits. However, inappropriate legal, financial and institutional frameworks, combined with ineffective management practices and lack of investment, have often meant that insufficient attention has been given to measures to deal with unemployment and the other negative social effects of privatization.

(b) Proposed solution

90. Nevertheless, privatization, when carried out properly, offers opportunities for further employment growth as well as providing better value to consumers and the public at large. The State benefits because it stops subsidizing loss-making enterprises and, if the privatization is successful, it also generates potential new corporate taxpayers.

91. Research carried out by the ILO also indicates, however, that privatization represents a unique opportunity to promote broad-based involvement in the economy, which can contribute to the smooth transition from a bureaucratic to a more efficient enterprise culture. In the medium term, it can also help to generate new jobs by facilitating the break-up of large enterprises into more competitive and viable small and medium enterprises.

92. As a central feature of the restructuring process, privatization can make an important contribution to creating the conditions for enhanced competitiveness and long-term employment growth. However, these are by no means inevitable results: privatization can, and frequently does, entail major social and employment costs.

93. Work by the ILO in a range of countries suggests that a number of conditions can lead to a more successful privatization process. These include: the transparency of the privatization process; a clear explanation of the potential economic benefits; securing the commitment of new owners to employment and investment issues; adequate compensation for retrenched workers; and training and redeployment services to enable skills development, labour mobility and job creation through enterprise creation and development, as well as self-employment. From an internal management perspective, studies show that unsuccessful enterprise restructuring, including privatization, is often caused by: the lack of a clearly and widely understood business strategy; the lack of any consistent commitment from top management; a focus on mere downsizing rather than real structural changes; and inadequate involvement and communications. A successful privatization and restructuring process takes account not only of strategy and structure, but also of human resources, culture, business systems and processes.

94. Evidence from the ILO studies⁽³⁶⁾ underlines the fact that the involvement of all stakeholders in the privatization and restructuring processes is of particular importance for its success. The active participation of employee representatives and a clear understanding of market needs holds one of the keys to solving or easing many of the challenges of the privatization process. Yet evidence also shows that it is the issue of stakeholder involvement and participation which have so far fallen furthest short of their full potential. It is hence here that the focus needs to be concentrated in the future, thus providing a solid foundation on which an effective and socially sensitive process of privatization can be carried forward.

(c) Origin of the proposal

95. This item was proposed by two governments⁽³⁷⁾ in the consultations on the portfolio in 1997.

(d) Relation to existing instruments

96. The proposal is linked to a number of ILO instruments, first and foremost those included in the ILO Declaration on Fundamental Principles and Rights at Work. Other instruments include the Voluntary Conciliation and Arbitration Recommendation, 1951 (No. 92); the Employment Policy Convention, 1964 (No. 122), and the Employment Policy (Supplementary Provisions) Recommendation, 1984 (No. 169); the Labour Relations (Public Service) Convention (No. 151) and Recommendation (No. 159), 1978; the Termination of Employment Convention (No. 158) and Recommendation (No. 166), 1982; the Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168); and the Job Creation in Small and Medium-Sized Enterprises Recommendation, 1998 (No. 189).

(e) Progress made in research and preparatory work

97. Privatization, restructuring and economic democracy were the subject of an Interdepartmental Action Programme (IPPRED) which was implemented during the 1996-97 biennium. This programme developed conceptual guidelines to enable ILO constituents and other stakeholders to understand the complexities of privatization and restructuring and to develop the managerial capacities to carry out these processes more effectively and equitably. The IPPRED produced some 27 technical papers, held seven policy workshops and several training programmes. A subregional programme for Asia is now being planned to disseminate the results of this work more widely. Work is also currently being carried out in the area of socially sensitive enterprise restructuring. Many of the good practice principles emerging from this work are directly relevant to privatization. ILO principles underlying the international labour standards as well as the Organization's experience in promoting good industrial relations can be of value in guiding enterprises through the difficulties of privatization.

(f) Future prospects

98. In the course of discussions in the Governing Body and in the consultations on the portfolio held so far, 35 governments⁽³⁸⁾ have expressed support for this proposal. One Government⁽³⁹⁾ considered it was not a priority, while two governments⁽⁴⁰⁾ and one employers' organization have opposed it . Suggestions have been made to consider this item jointly with either the proposal on public sector employment⁽⁴¹⁾ or with the proposal on investment and employment,⁽⁴²⁾ or to change its focus, as reflected in a changed title "Modernization of the public sector".⁽⁴³⁾

99. As outlined earlier in this proposal, there is every reason to believe that privatization will continue to be a major issue in many countries in the years ahead and that there will continue to be strong demand for ILO services and advice in this area.

100. It would therefore be very timely to make privatization the subject of a general discussion at the Conference. Such a discussion would examine the economic and social impacts of privatization and seek to identify guiding principles for policy and practice in this area, with a focus on optimizing the economic and social benefits while mitigating the social costs. Such a discussion would provide valuable guidance to the Office's work in this area, and could also explore whether it would be useful to develop an instrument, most likely a Recommendation, to provide appropriate guidance to constituents on policy and practice in the area of privatization. The Office would be prepared for a Conference discussion in 2003.

7. Social dimensions of sustainable peace-building

101. This item originates in a government proposal in the 1997 consultations and was submitted to the Governing Body for the first time in November 1997.⁽⁴⁴⁾ The objective of the present updated text is to consider holding a general discussion on possible ILO action in this area, which could include a consideration of future standard-setting action in this area. It could be ready to be selected for inclusion in the agenda of the 91st Session (2003) of the Conference.

(a) The problem

102. The world is today experiencing an alarming number of armed conflicts, and by all accounts will continue to do so. A number of initiatives⁽⁴⁵⁾ have been taken by the United Nations system in recent years aimed at strengthening its response to this trend. The ILO has been contributing to peace-building operations since its inception, and adopted the Recommendation concerning Employment Organisation (Transition from War to Peace), 1944 (No. 71), in the context of the Second World War. The ILO now faces new challenges and more demands for its assistance to the many conflict-affected member States and within the framework of the UN system's collaborative action.

103. With few exceptions, current conflicts are internal. Many of the warring factions make use of child soldiers. The use of anti-personnel land mines, poison gas, scatter bombs, etc. has become frequent in modern armed conflicts. These features have contributed to the extensive social, economic, physical, political and human damage. Some recent analyses⁽⁴⁶⁾ point to armed conflict, more than any other factor, as being responsible in a number of countries for the rapid socio-economic decline, escalation in unemployment and poverty levels and general erosion of decent work.

104. The Organization's role so far and its ability to provide assistance and guidance to its constituents in grappling with the problems encountered by them in the conflict and post-conflict spheres have been constrained by the absence of a clear policy framework. Lack of such a policy has also limited the ILO's capacity to play effectively its expected role within the current United Nations coherent response. Some innovative approaches have been adopted, but more are required in a context characterized by the weak institutional capacity of the relevant labour-related structures, a general atmosphere of distrust, high levels of psychological trauma, and extensive population and other changes. Recent ILO studies⁽⁴⁷⁾

also show that employment promotion and other critical socio-economic processes remain seriously underemphasized in current peace-building efforts, with few exceptions. As observed by the UN Secretary-General in his Agenda for Peace (1992), the changed face of current conflicts obliges the UN system to be perceptive, adaptive, creative and courageous in its response.

(b) Proposed solution

105. The insights accumulated and the lessons learned from the ILO's own programmes and the different inter-agency initiatives in which the ILO has participated to support peace and reconciliation efforts, point to the need to understand first the origins, nature and impact of the conflict in a given country to permit the assistance to respond to them and thus avoid refuelling tension.

106. Areas of emphasis include labour and social policy formulation and its inclusion in peace accords, the reintegration of conflict-affected groups, the rebuilding of the country's institutional capacity and reservoir of skills, the reconstruction of the labour market infrastructure, the promotion of social dialogue and reconciliation, elaboration of social and economic policies and frameworks, the rebuilding of information systems, the rehabilitation of physical infrastructure and the provision of support for the broader aspects of the peace process.

107. A general discussion at the Conference of the ILO's role in the current major problem of armed conflicts and peace-building would allow for a full examination of the question and an assessment of the experience of the ILO and its constituents. It should identify measures to intensify the ILO's contribution to peace-building and to galvanize and inspire action by member States and social partners.

108. The specific issues to be addressed could include:

the reintegration of refugees/returnees;
internally displaced people;
demobilized adult and young soldiers;
disabled persons;
increased numbers of female heads of households;
socio-economic and physical reconstruction;
social dialogue and reconciliation;
the rebuilding of national institutions;
tackling social exclusion and poverty.

109. Experiences in recent years by the UN system, the Bretton Woods organizations, regional and other relevant institutions in relation to the conflict-affected context will form an essential framework for a full assessment of what needs to be done at the different levels.

(c) Origin of the proposal

110. This item, proposed for a general discussion, stems from a government suggestion in the 1997 consultations. It was listed under "Other proposals" in the 1998 portfolio. Following support in the consultations and by members of the Governing Body, a developed proposal is now presented for the first time. It could be ready to be selected for inclusion in the agenda at the earliest for the 91st Session (2003) of the Conference.

(d) Relation to existing instruments

111. In addition to the Recommendation concerning Employment Organisation (Transition from War to Peace), 1944 (No. 71), the Social Security (Armed Forces) Recommendation, 1944 (No. 68), the Employment Service Recommendation, 1944 (No. 72), and the Public Works (National Planning) Recommendation, 1944 (No. 73), which were all adopted in Philadelphia, a number of other international labour standards are linked to this topic, including the Labour Administration Convention (No. 150) and Recommendation (No. 158), 1978; the Employment Policy Convention (No.122) and Recommendation (No. 122), 1964; the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and Recommendation (No. 111), 1958; and the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

(e) Progress made in preparatory work

112. Under the Special Allocation for Peace and Democracy in Central America, 1993, authorized by the Governing Body, the ILO was able to participate directly in the Guatemalan peace negotiations at the request of the UN Secretary-General and the relevant local parties. It was the only UN specialized agency to play a key role in the Agreement on Identity and Rights of Indigenous Peoples and the Agreement on Socio-economic Matters and the Agrarian Situation which included several ILO standards and were the principal elements of the country's peace and final settlement signed in December 1996. Of the various bodies promoted under the different peace agreements, those supported by the ILO have been the most lasting and most active, including the Fundación del Trabajo in Panama, the Consejo Tripartito in El Salvador and the Comisión Tripartita in Guatemala. In addition, the ILO has gathered insights from research and seminars (conducted by the ILO Action Programme on Skills and Entrepreneurship Training for Countries Emerging from Armed Conflict (1996-97)), its earlier work on ex-combatants and recent attempts at designing rapid and comprehensive responses to a number of conflicts, such as those in Kosovo, Liberia, the Democratic Republic of the Congo and Guinea-Bissau.

113. The ILO has also implemented a number of technical assistance activities to help with the process of reconstruction in some of its conflict-affected member States. Some important initiatives undertaken involve the ILO's technical contribution to inter-agency programmes supporting peace and reconciliation efforts, such the PRODERE Programme (one of the largest Central America Post-Conflict Programmes) and its active participation in the UNOPS-managed trust fund created by UNDP during the World Summit for Social Development to promote sustainable human development at the local level in countries in special situations. The latter currently covers more than 20 countries affected by conflict and natural disasters. Local economic development has been promoted as a process to support peace and reconciliation through economic recovery in Albania, Angola, Bosnia and Herzegovina, Cambodia, Croatia, El Salvador, Guatemala, Haiti, Mozambique, Nicaragua, Somalia, Tajikistan, etc., where employment-intensive infrastructure reconstruction programmes have helped to provide temporary incomes and to revive local economies during reconstruction programmes.

114. A large number of insights, empirical country data and key products⁽⁴⁸⁾ that should permit general discussion to take place have resulted from the completed ILO Action Programme on Skills and Entrepreneurship Training for Countries Emerging from Armed Conflict included in the Programme and Budget for 1996-97, the earlier work on ex-combatants, and operational programmes in conflict-affected countries in the different regions, including the work undertaken with the Special ILO Allocation for Peace and Democracy in Central America authorized by the Governing Body in 1993.

115. A database is being set up and follow-up action elaborated within the framework of the new InFocus programme, to strengthen the capacity of member States and other constituents in planning and implementing effective reintegration and socio-economic programmes for peace-building; and to strengthen institutional capacity in ministries of labour, employers' and workers' organizations and grass-roots associations.

(g) Future prospects

116. Many constituents have expressed views concerning the urgent need for intensified ILO action and guidance on the conflict-affected context, peace-building and the roles of constituents in this sphere. The results of the various recent ILO studies, seminars, other consultations and deliberations by the ACC, ECOSOC and the General Assembly on the subject will help define in more precise terms the nature and scope of the general discussion and of the proposals for ensuing standard setting and other ILO activities.

117. In the course of the consultations on the portfolio held so far, 33 governments⁽⁴⁹⁾ and the employers' organizations⁽⁵⁰⁾ have supported this proposal, while two governments⁽⁵¹⁾ have proposed that this subject be taken out of the portfolio. Among those in favour, 21 governments stated their preference for a general discussion on this subject. Of these, one Government⁽⁵²⁾ specifically wished to see the issue of child soldiers included in the considerations.

* * *

C. Social protection

8. Conditions of work of prisoners in the context of privatization

118. This item is proposed for standard setting. It was submitted to the Governing Body for the first time in November 1997 and thoroughly redrafted in November 1998. In view of the general observation by the Committee of Experts in 1998, this proposal could be ready to be selected for inclusion in the agenda at the earliest as of the 91st Session (2003) of the Conference.

(a) The problem

119. In an increasing number of countries, prisons are being privatized, or private enterprise is being allowed or encouraged to open facilities that employ prisoners inside state-run prisons. In many of these situations, conditions of work do not correspond to a normal working relationship, and in a number of cases labour legislation does not apply at all. In many cases, wages, when they are paid, tend to be very low; hours of work and safety and health conditions are not regulated, and few or none of the normal employment-related benefits accrue in many cases. Laws protecting against violations of basic workers' rights, such as freedom from discrimination, are often not applicable to work carried out by prisoners. Finally, in an increasing number of cases, the products of prison labour enter into competition with the products of free labour. Thus, the extent to which prison labour should be entitled to the normal employment-related benefits needs to be examined, taking into account the potential exploitation of a captive workforce and the issue of unfair competition with a free workforce. It may be noted that this question is often dealt with by national ministries responsible for the administration of justice, without involving ministries of labour or the social partners.

(b) Relation to existing instruments

120. As pointed out in the previous proposal on this subject, the Forced Labour Convention, 1930 (No. 29), provides that "any work or service extracted from any person as a consequence of a conviction in a court of law" is excluded from the definition of forced or compulsory labour in that Convention, but only on condition that this work is carried out "under the supervision and control of a public authority and that the said person not be hired to or placed at the disposal of private individuals, companies or associations" (Article 2, paragraph 2(c)). The Committee of Experts has made comments to a number of ratifying countries indicating that the arrangements being made are not in full conformity with the provisions of Convention No. 29.

121. In 1997, the Committee of Experts carried out a "mini-survey" concerning the application of the forced labour Conventions, which discussed several aspects of the problem, including some of the questions being raised here. The Committee noted that the increased number of prisoners working for private employers has an obvious effect on the application of the Convention, and that many prisoners who do work are covered by no labour law at all. Convention No. 29 is applicable to such situations only to the extent that prisoners are obliged to work in conditions contrary to the provisions of its Article 2(2)(c); but even in such situations the Convention gives no explicit guidance on conditions of work beyond the very limited provisions cited above. There are therefore situations in which prisoners have given their consent to carry out work for private employers, and their work is carried out "under the supervision and control of a public authority" as required by Convention No. 29, but where their conditions of work are not regulated by law or are inadequately regulated. In other situations, work is being carried out in contradiction to Convention No. 29, but that instrument may not have been ratified. Finally, the conditions under which the work is carried out may themselves involve some contradiction of Convention No. 29, for instance when formal consent has been given but the prisoner has no real options; or where wages and other conditions of work are so far removed from normal working conditions that the validity of the consent given is open to question.

122. The further analysis since the last examination of this question, which is reflected above, indicates that it would be best to deal with this subject under the section on "Conditions of work" rather than under "Basic human rights", as it was on the occasion of its first examination. This should also obviate any concern that standard-setting work in this field might enter into conflict with Convention No. 29, or that it might entail a partial revision of that fundamental human rights instrument, as this is not the intention.

(c) Origin of the proposal

123. This proposal was included in the 1987 report of the Ventejol Working Party. It was taken up again by the Office in the portfolio in 1997.

(d) Proposed solution

124. The forced labour aspects of this question should be left to Convention No. 29, which indicates the conditions under which prisoners can be required to work in prison; but Convention No. 29 gives insufficient guidance on the conditions of work when prisoners do work. The aspects of the question related to conditions of work have not been dealt with adequately in other international standards adopted by the ILO or by any other international organization, and would appear to lend themselves to normative action.

(e) Progress made in research and preparatory work

125. The report of the Ventejol Working Party in 1987 did not give rise at that time to any preparatory work by the Office. In 1998, the Committee of Experts drew particular attention to the question of prison labour through a general observation intended to elicit information from States bound by Convention No. 29 on the extent, nature and conditions under which prison labour is used. The Committee intends to return to its examination of the question when responses to its general observations have been received, in principle at its November-December 1999 session.

(f) Future prospects

126. In the course of the consultations on the portfolio held so far, as well as in the discussions in the Governing Body, 41 governments⁽⁵³⁾ have expressed support for this proposal while four governments⁽⁵⁴⁾ have opposed it. One Government⁽⁵⁵⁾ has proposed postponing action in this area. Among those in favour, ten governments⁽⁵⁶⁾ have advocated standard-setting action, while five⁽⁵⁷⁾ have favoured holding a general discussion on this theme. The workers' organizations have stated support for standard setting on this subject and the employers' organizations have proposed further research prior to considering a general discussion.

9. Migrant workers

127. Following the discussions at the International Labour Conference this year on the General Survey undertaken on this subject, this item is proposed for a general discussion in order to clarify the need for future standard-setting action, including the possible need for revision of Conventions Nos. 97 and 143. This developed proposal is presented for the first time and it could be ready to be selected for inclusion in the agenda of the 90th Session (2002) of the Conference.

(a) The problem

128. In response to the low number and declining rate of ratifications of the ILO's instruments on migrant workers,⁽⁵⁸⁾ the Committee of Experts on the Application of Conventions and Recommendations was requested by the Governing Body at its 267th Session (November 1996) to undertake a General Survey on the state of law and practice in member States in relation to the Migration for Employment (Revised) Convention, 1949 (No. 97), and Recommendation (No. 86); and the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), and Recommendation (No. 151). This was the first time that a General Survey was initiated with the specific aim of re-examining "the possibility of including the question of migrant workers on the agenda of a forthcoming session of the Conference for a general discussion, and also in order to clarify the possible need for revision of Conventions Nos. 97 and 143".⁽⁵⁹⁾

129. It is instructive to outline some of the most prominent changes that the Committee of Experts found have occurred in international migration since the adoption of the instruments and their effect on how these instruments are applied.⁽⁶⁰⁾ First, the gender stereotypes which held when the instruments were drafted are no longer valid, and women now form an increasingly significant proportion of migrants for employment. The Committee showed concern, in particular, over the lack of protection which the instruments offer to women trafficked for work in the sex sector. Secondly, the commercialization of recruitment which has occurred in recent decades has led to a number of abusive practices, including the use of misleading propaganda, the extraction of sometimes exorbitant fees from potential migrants, the withholding of information and the confiscation of travel documents -- practices which may be insufficiently regulated by the instruments. Thirdly, the recent increase and diversification of temporary migration has had important ramifications, and the Committee questioned whether the instruments' blanket coverage of permanent and temporary migrant workers reflected the contemporary diversity of their situations. Fourthly, the effect of regional integration on the movement of workers across borders has been significant, and in particular the application of the provisions respecting equality of opportunity and treatment of workers from outside regional groupings raises, in the Committee's opinion, questions of principle which need to be addressed. Fifthly, the increase in irregular migration has introduced difficulties in the interpretation of several of the provisions, in particular in relation to the lack of definition of the fundamental rights of migrant workers. Finally, the growth of migration by air travel has meant that some provisions of the instruments, such as Article 5 of Convention No. 97 (which requires a medical examination both prior to departure from the home country and upon arrival in the host country) may be outdated. The Committee concluded its analysis of this point by stating that "this question should be considered in the framework of a Conference discussion on migration for employment".⁽⁶¹⁾

130. In addition to the lacunae in Conventions Nos. 97 and 143 due to changes in practice, a comparison between national legislation and international labour standards relating to migrant workers has made it clear that other lacunae exist in these instruments. For example, they do not deal with the elaboration and establishment of a national migration policy, in consultation with employers' and workers' organizations, within the framework of national policy. Questions relating to migrant workers' contracts, which are of vital importance for protecting workers, are not addressed in the existing instruments. The same can be said of questions touching certain aspects of the payment of migrant workers' wages. Additionally, the Committee drew up a list of the provisions mentioned by governments in their reports as giving rise to difficulties and observed that nearly all of the provisions of the Conventions, the annexes and the relevant Recommendations were cited.⁽⁶²⁾ In the Committee's opinion, certain difficulties cited ought not to constitute fundamental obstacles to the ratification of these Conventions and it seems to be generally agreed that the principles enshrined in these instruments are still valid.

(b) Proposed solution

131. The Office notes that three courses of action are possible:

(a) the Governing Body could decide to include the subject of migrant workers on the agenda of a future session of the Conference for a general discussion, with a view to reviewing and possibly revising the instruments, taking into account the number of ratifications obtained between now and then;

(b) the Governing Body could consider that it can proceed immediately to place the revision of Conventions Nos. 97 and 143 on the agenda of the International Labour Conference at some stage in the future;

(c) the third possibility consists in maintaining the existing Conventions, and simultaneously placing on the agenda the adoption of an additional Convention to address contemporary migration concerns.

132. It has emerged from the General Survey and the Conference discussion that Conventions Nos. 97 and 143 contain the right principles for protecting migrant workers, though in the current situation it may be questioned whether they are adequate to the task. A new and more relevant instrument may be necessary to protect migrant workers in the global labour market. Although a general trend appears to have emerged from the discussion of the General Survey towards revisions of Conventions Nos. 97 and 143, a clear consensus was not reached on this subject. The Office proposes, therefore, that a general discussion at the International Labour Conference would be useful to examine the question thoroughly and reach a common understanding on the most appropriate course to follow.

(c) Origin of the proposal

133. The ILO's long-standing concern for migrant workers was re-emphasized in 1996: first through the examination of Conventions Nos. 97 and 143 in the context of the Working Party on Policy regarding the Revision of Standards⁽⁶³⁾ and also through discussions in connection with preparatory work for the Tripartite Meeting of Experts on Future ILO Activities in the Field of Migration which was held in April 1997.⁽⁶⁴⁾ The Working Party's examination of these Conventions in 1996⁽⁶⁵⁾ resulted in a decision that the Committee of Experts undertake the General Survey on the basis of reports provided by member States in accordance with article 19 of the Constitution. This General Survey has now been discussed at the Conference.

134. The question of revising the instruments concerning migrant workers stems directly from the conclusions of this General Survey. The Committee of Experts states that "without wishing to anticipate the final decision to be adopted by the Governing Body, the Committee suggests that the instruments be entirely revised in order to bring them up to date and, in so far as is technically possible, to merge them into a single Convention by the elaboration of a new Convention, designed to bridge the gaps in the current instruments".⁽⁶⁶⁾

135. Although the majority of speakers in the discussion of the General Survey during the Committee on the Application of Standards of the Conference in 1999 were inclined to agree with the proposal for revision, a clear consensus was not reached. The Worker members instead proposed the combined strategy given in paragraph 132(c) above (see also under Future prospects below).

136. It should be recalled that when the ILO was founded in 1919, the situation of workers employed abroad was addressed both in the Treaty of Versailles and in the Preamble to the Constitution of the ILO, and that the ILO Declaration on Fundamental Principles and Rights at Work, adopted by the International Labour Conference on 18 June 1998, reaffirms the need for the Organization to pay special attention to the protection of migrant workers, who are among the most vulnerable groups of workers. In this context, it appears that the Organization should be armed with an instrument on the subject which could, in relation to both its content and the number of ratifications which it could attract, play a more prominent role than Conventions Nos. 97 and 143.

(d) Relation to existing instruments

137. It should be noted that all the ILO's instruments, in so far as they are of general application to all workers, are of relevance to migrant workers. ILO instruments with particular relevance to migrant workers are listed in paragraphs 33-38 of the General Survey.

138. A number of ILO standards make specific reference to Conventions Nos. 97 and 143 and urge Members to take into account their provisions.⁽⁶⁷⁾ If Conventions Nos. 97 and 143 are considered to be candidates for revision therefore, references made to their provisions in the above instruments may have to be adopted.

139. In 1990, the United Nations General Assembly adopted the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. It recognized and built upon the provisions contained in existing ILO Conventions. The reasons why this new Convention has not received a sufficient number of ratifications to enter into force should be analysed.⁽⁶⁸⁾

140. In this context it also seems relevant to refer to the General Agreement on Trade in Services (GATS) adopted in the context of the World Trade Organization in April 1994⁽⁶⁹⁾ and to propose to examine the question of temporary migrant workers in so far as the movement across borders of natural persons for professional reasons is concerned. In the GATS, these natural persons are denominated "international service providers". Three governments⁽⁷⁰⁾ have proposed that the ILO examine this issue further.

(e) Progress made in research and preparatory work

141. The Committee of Experts' General Survey revealed a number of provisions of the instruments which either no longer reflect current day migration practices, or which are not reflected in the migration policies of sending and receiving countries. These observations will undoubtedly prove instructive in the deliberations concerning possible standard-setting action.

142. The work of the Office gives a detailed picture of contemporary migration patterns and policy concerns. The publication of two manuals for migrant sending and receiving countries⁽⁷¹⁾ and a book on the collection and analysis of migration statistics⁽⁷²⁾ cover the most pressing issues of concern to countries of origin and destination. The approval by the Governing Body in 1997 of the creation of the International Labour Migration Database has permitted the Office to collect data on the magnitude and nature of contemporary migration flows, which will be widely disseminated. The Office's International Migration Papers series also covers a large area of migration policy issues, ranging from the extent of discrimination against migrants in the world of work, to the impact of remittances on countries of origin.

143. In April 1997, the ILO held a tripartite meeting of experts to consider the future activities of the ILO in the field of migration (see footnote 64 above). The outcome of this meeting was the adoption by the Governing Body of two sets of guidelines for member States, aimed at preventing the abuse of particularly vulnerable migrant workers. The meeting also provided the occasion to develop a new mechanism in the field of international labour migration, known as pattern and practice studies, which result from the ILO being requested to investigate allegations of persistent and widespread exploitation of migrant workers.⁽⁷³⁾

144. The tripartite meeting of experts proposed in its report that the International Labour Conference carry out a general discussion on the employment of migrants, including questions relating to workers' fundamental rights. This suggestion was recalled in the initial portfolio of proposals (November 1997) for the agenda of the 88th Session (2000) of the International Labour Conference, but was not retained by the Governing Body.

145. In the Director-General's Report to the International Labour Conference at its 87th Session (1999), it was stated that in the next biennium the ILO's activities would "reflect the growing importance of labour migration in the global economy. The primary objective should be to help forge an international consensus [...] on how to ensure adequate protection for migrant women and men and their families, while allowing orderly and advantageous movements of workers in search of better lives".⁽⁷⁴⁾

(f) Future prospects

146. During the discussion by the Conference Committee on the Application of Standards no speaker expressed the opinion that the current situation was satisfactory. Although opinions varied about the continuing usefulness of Conventions Nos. 97 and 143, most speakers favoured a general discussion of migration for employment at a forthcoming session of the International Labour Conference.

147. A number of Government representatives spoke in favour of revision of the instruments (Greece, Mexico, Tunisia). The Government of India stated that it might not be appropriate at this time to adopt a new international instrument on this subject, although if a consensus emerged to adopt a new framework Convention for migrant workers, his Government would like to be party to that consensus. The Government of the Netherlands stated that it was inappropriate to formulate another Convention, but also questioned whether the existing instruments were adequate, and called for a general discussion on the subject.

148. The Worker members indicated that the most important outcome of the discussion was the consensus on the need to envisage adequate protection for migrant workers. The advantage of completely revising the instruments and merging them into a single instrument which could become a framework Convention, would lie in the fact that the emphasis would be put on principles accepted by all governments. However, even the elaboration of such a flexible standard could not guarantee a large number of ratifications. It was also important, they stated, to avoid discouraging States from ratifying Conventions Nos. 97 and 143. It was proposed that a general policy discussion should be held at a future session of the Conference so as to clear the way for additional standard-setting activities, as for example, a Protocol.⁽⁷⁵⁾ One Worker member supported revision of the existing instruments.

149. In the view of the Employer members, the General Survey in its totality was a compelling case in support of the second option given by the Committee of Experts: that the instruments be entirely revised and merged into a single Convention. They noted that the relatively low number of speakers illustrated the difficulties and complexities of the subject, and that no Government member claimed that the existing Conventions offered the path for the future, and promises of ratification had not been fulfilled. According to the Employers there was clearly a need for a new framework Convention on migrant labour to take into account present-day realities.

150. The Office could be prepared for a Conference discussion on this item in 2002.

10. Prevention of biological hazards in the workplace

151. This item is proposed for standard setting. It was submitted to the Governing Body for the first time in November 1997.⁽⁷⁶⁾ It could be ready to be selected for inclusion in the agenda at the earliest for the 91st Session (2003) of the Conference.

(a) The problem

152. For the purpose of this proposal, the term "biological agents" refers to the traditional biological agents such as micro-organisms, cell-culture or human endoparasites, as well as to genetically modified organisms (GMOs) in the field of modern biotechnology. Biotechnology is broadly defined to include any technique that uses living organisms or parts of organisms to make or modify products, to improve plants or animals, or to develop micro-organisms for specific use. Modern biotechnology is also referred to as genetic engineering. The shift from traditional applications to the more complex techniques of genetic engineering in sectors such as agriculture and the pharmaceutical industries puts an estimated 16 million workers worldwide at the risk of exposure to biological agents.

153. Although reports on biologically related workplace incidents in the industrialized countries are sketchy, the development of regulations concerning protection from biological agents in these countries is gaining momentum. Economies in transition, especially those in Central Europe, are moving rapidly in biotechnology development and its safe applications. In the more technologically advanced developing countries in Asia and Latin America, biotechnology is given high priority in the development process. In Africa, the level of sophistication in biotechnology differs significantly from one country to another.

154. Given the inherent hazards of the biotechnology industry, awareness regarding bio-safety in developing countries is relatively higher than safety and health concerns associated with the non-biological industries. The development of databases on bio-safety in developing countries is becoming increasingly popular. This phenomenon is enhanced by the involvement of the biotechnology industry in a number of issues of major concern, such as intellectual property rights and their impact on higher productivity, improvement in the quality of agricultural produce and the conservation of the environment. In the process, intergovernmental initiatives, such as the International Centre for Genetic Engineering and Biotechnology (ICGEB, Trieste, Italy),⁽⁷⁷⁾ have been established with the aim of exploring biotechnologies and industrial opportunities. In the process, the expected hazards associated with the industry are giving cause for concern.

(b) Proposed solution

155. The adoption of new standards could be envisaged. The instruments would establish general principles covering appropriate work methods and practices in the field of biotechnology, including risk assessment procedures and technical control, and organizational measures to safeguard the health of workers. Also covered would be pertinent issues concerning the protection of the public and the environment. The instruments would include elements such as objectives, coverage and scope, definitions, application to and exemption of economic activities, ways of assessing risks of exposure, the role of the competent authorities, the responsibilities of employers, the rights and duties of workers and information and training.

(c) Origin of the proposal

156. In 1993, the International Labour Conference adopted a resolution concerning exposure to and safety in the use of biological agents at work. Based on this resolution, the Governing Body requested the Director-General "to take steps to address the question of exposure to and safety in the use of biological agents at work and to consider the need for new international instruments in order to minimize the risks to workers, the public and the environment".⁽⁷⁸⁾

157. Chapter 16 of Agenda 21, adopted by the United Nations Conference on Environment and Development (UNCED) in 1992, deals with the environmentally sound management of biotechnology. The informal consultation on recent developments and trends in biotechnology (Vienna, October 1995), held by the United Nations Industrial Development Organization (UNIDO) in its capacity as Task Manager for this chapter, requested the ILO to assume the leading role in promoting and addressing the bio-safety issue with respect to occupational safety and health and to promote the safe use of biotechnology in the workplace. These activities fall under Programme Area D of Chapter 16, which deals with enhancing safety and developing international mechanisms for cooperation.

(d) Relation to existing instruments

158. The Office has not yet developed any instrument relating directly or indirectly to exposure to or safety in the use of biological agents at work. There are national and regional directives on the subject, but none of these cover the scope of the question proposed above. Any proposed Convention and Recommendation would fall under the group of occupational safety and health instruments which provide for protection against specific risks. A comprehensive approach to instruments in this area should be examined.

(e) Progress made in research and preparatory work

159. As background work, the Office has prepared a paper on the impact of modern technology, including gene technology, on workers' health and the environment. The paper identifies potential risks related to the introduction of these new technologies. It is based on case-studies of experience gathered in countries in Asia, Europe and North America. In addition, provisions are made in item 90.30 of the Programme and Budget for the biennium 1998-99 for the development of a draft code of practice on bio-safety. It is planned to submit the draft to a tripartite meeting of experts for its adoption in the biennium 2000-01.

(f) Future prospects

160. In the course of the consultations held so far, 43 governments⁽⁷⁹⁾ have expressed support for this proposal. It has also been suggested to examine whether this issue could be covered by a revision of existing safety and health standards.⁽⁸⁰⁾ Three governments⁽⁸¹⁾ were opposed to this proposal. The workers' organizations were in favour of standard-setting action in this field while the employers' organizations supported a general discussion in due time.

161. The necessary research and preparatory work for the development of the code of practice and the opinions expressed by constituents and experts in the course of its adoption will be the basis for the determination of the scope, coverage and provisions for possible instruments on the prevention of biological hazards at work. It is proposed to decide on the inclusion of such an item in the agenda of a Conference session after the adoption of the code.

11. Prevention of sexual harassment at the workplace

162. This item is proposed for standard setting. It was submitted for the first time in November 1996. Included in the 1997 portfolio, it was short-listed in November 1997. This proposal could be ready to be selected for inclusion in the agenda at the earliest for the 91st Session (2003) of the Conference.

(a) The problem

163. Recent years have seen a development in the perception of sexual harassment in employment and occupation in all regions of the world. Some countries⁽⁸²⁾ have adopted specific legislation declaring sexual harassment to be a prohibited behaviour or general legislation covering sexual discrimination under which protection from sexual harassment can be provided. Thus, while it has not been specifically regulated by law in most countries, the number of countries that penalize, and even criminalize, this behaviour is growing rapidly. There is an increasing body of codes, guidelines and enterprise regulations on the subject.

164. There is no single generally accepted definition of sexual harassment. However, the definition most commonly cited is contained in the European Commission's Recommendation (1991) on the protection of the dignity of women and men at work and its accompanying code of practice. The three key elements of the definition are: (a) conduct of a sexual nature and other conduct based on sex affecting the dignity of men and women which is unwelcome, unreasonable and offensive to the recipient; (b) a person's refusal or rejection of such conduct on the part of employers or fellow workers which is used as a basis for a decision which affects a person's job; and (c) conduct that creates an "intimidating, hostile or humiliating environment" (e.g. sexual jokes, offensive behaviour).

165. Sexual harassment is considered an affront to individual dignity, and some surveys carried out in North America and Europe suggest that the problems take place on a larger scale than is generally acknowledged. However, there are issues still to be answered concerning scope, definition, responsibilities and remedies.

(b) Proposed solution

166. It is proposed that the subject of sexual harassment be further developed and preparatory work undertaken, which might lead in the foreseeable future to consideration of a normative instrument. A law and practice report on this theme may be found in GB.271/4/1, paragraphs 146-174. Additional research is needed to form the basis of a fully developed proposal.

(c) Origin of the proposal

167. The Committee of Experts discussed the question of sexual harassment in the course of its work on the 1988 General Survey on equality in employment and occupation. It was also discussed in the 1996 Special Survey one equality and employment.⁽⁸³⁾

168. This subject has also been dealt with in ILO sectoral meetings: as early as 1992 the Standing Technical Committee for Health and Medical Services included a strong statement about the extent to which sexual harassment constitutes a problem in that sector, and recommendations by employers' and workers' organizations as well as governments to deal with it.⁽⁸⁴⁾ The 1997 Tripartite Meeting on Breaking through the Glass Ceiling: Women in Management noted the important roles of governments and the social partners in promoting policies on the prevention of sexual harassment and other forms of discrimination. Office publications and training materials on combating discrimination on the basis of gender also deal with this problem.

169. As regards international organizations other than the ILO, mention has already been made of the European Commission Recommendation of 1991 on the protection and dignity of women and men at work.

170. The United Nations has also dealt with this issue. It was discussed at the Fourth World Conference on Women (Beijing, 1995). The Committee on the Elimination of Discrimination against Women,