Report of the Committee on Legal Issues and International Labour Standards

Record of decisions | 14 April 2009

I. Legal and practical measures relating to the representation of Employers’ and Workers’ delegates at the International Labour Conference
(First item on the agenda)

The Governing Body:

(a) supported the recommendation and measures indicated in paragraph 9 of the reference document GB.303/LILS/1(Rev.) to restrict the practice of allowing permanent missions to collect Conference badges for the whole delegation, and to request them not to collect badges for the Employers’ and Workers’ delegations, unless they have been specifically authorized in writing by the employers and workers concerned;

(b) encouraged the Office to continue the practice indicated in paragraph 12 of the reference document GB.303/LILS/1(Rev.) to make publicly available, at the end of the second week of the Conference, an electronic version of the list of all delegates and their substitutes who are attending the Conference and entitled to vote;

(c) requested the Office to prepare, in light of the guidance provided during the debate of the Committee, a document for the next session of the Governing Body reflecting specific proposals as formulated in paragraphs 16, 17 and 18 of the reference document GB.303/LILS/1(Rev.) to address situations in which Employers’ or Workers’ delegates are prevented by member State authorities from attending the Conference.

(Document GB.303/12, paragraph 15.)

II. Revision of the Rules for Regional Meetings: Introductory Note
(Second item on the agenda)

The Governing Body approved the revised Introductory Note, as contained in the appendix to document GB.303/12, and decided to publish it together with the Rules for Regional Meetings (2008).

(Document GB.303/12, paragraph 17.)

III. Choice of Conventions and Recommendations on which reports should be requested under article 19 of the Constitution
(Sixth item on the agenda)

The Governing Body, having decided to place on the agenda of the 2010 Conference a recurrent item on the strategic objective of employment:

(i) decided to postpone the request of the article 19 reports on the application of the Labour Relations (Public Service) Convention, 1978 (No. 151), the Labour Relations (Public Service) Recommendation, 1978 (No. 159), the Collective Bargaining Convention, 1981 (No. 154), and the Collective Bargaining Recommendation, 1981 (No. 163), including the sending of the questionnaire, and consider it later, in the context of a relevant recurrent item (for example on social dialogue);

(ii) decided to request governments to submit reports under article 19 of the Constitution concerning employment instruments for 2009;

(iii) approved the report form concerning employment instruments, as revised by the Committee (referred to in Appendix I), concerning the Employment Service Convention, 1948 (No. 88), the Employment Policy Convention, 1964 (No. 122), the Human Resources Development Convention, 1975 (No. 142), the Private Employment Agencies Convention, 1997 (No. 181), the Job Creation in Small and Medium-Sized Enterprises Recommendation, 1998 (No. 189) and the Promotion of Cooperatives Recommendation, 2002 (No. 193);

(iv) invited the Office to prepare a new proposal early in advance for the March 2009 Governing Body concerning the new questionnaire on instruments related to the next recurrent discussion in 2011 on social protection, subject to Governing Body approval, in light of the discussion in the Committee and to make arrangements for tripartite consultations on this questionnaire.

(Document GB.303/12, paragraph 70.)

IV. Improvements in the standards-related activities of the ILO
(Fourth item on the agenda)

(a) Possible implications of the Declaration on Social Justice for a Fair Globalization on the standards strategy and update on the implementation of the interim plan of action

The Governing Body invited the Office to:

(i) launch a promotional campaign for the ratification and effective implementation of standards that are the most significant from the viewpoint of governance (the four priority Conventions: Conventions Nos 81, 122, 129 and 144), and submit a report annually to the LILS Committee on the progress achieved together with the report on the fundamental Conventions;

(ii) prepare an evaluation of the grouping of Conventions by subject for reporting purposes that was introduced in 2003, and proposals for new options for a global approach to streamlining reports, taking into account the decisions taken at its current session and the March 2009 session relating to the follow-up to the 2008 Declaration, to be submitted at the 306th Session of the Governing Body (November 2009), and present a progress report on this matter at its 304th Session (March 2009);

(iii) report on the consultations concerning Convention No. 158 and Recommendation No. 166 at its next session and provide for the continuation of consultations on this matter, if necessary;

(iv) make arrangements with a view to holding consultations on standards policy not later than March 2009;

(v) submit a progress report on the review of the article 22 report forms at its 306th Session (November 2009);

(vi) invite the Office to continue to implement the interim plan of action approved at its 300th Session (November 2007), in the light of the LILS Committee’s discussions and the consultations on the matter, and to report on the next steps taken for its implementation, as regards the four components of the standards strategy, at the 304th Session of the Governing Body (March 2009).

(Document GB.303/12, paragraph 99.)

(b) Improving the coherence, integration and effectiveness of the supervisory system through a better understanding of its dynamics (further study from a substantive and practical standpoint)

The Governing Body invited the Office to prepare a study on the interpretation of international labour Conventions in 2009.

(Document GB.303/12, paragraph 111.)

V. Ratification and promotion of fundamental
ILO Conventions
(Fifth item on the agenda)

The Governing Body took note of this part of the report.

(Document GB.303/12, paragraphs 112 to 118.)

VI. Joint ILO/UNESCO Committee of Experts on the Application of the Recommendations concerning Teaching Personnel (CEART): Interim report on allegations submitted by teachers’ organizations
(Seventh item on the agenda)

The Governing Body:

(a) took note of the interim report of the Joint ILO/UNESCO Committee of Experts on the Application of the Recommendations concerning Teaching Personnel relating to allegations on the non-observance of certain provisions of the ILO/UNESCO Recommendation, 1966, in Ethiopia and Japan, and the UNESCO Recommendation, 1997, in Australia;

(b) authorized the Director-General to communicate the report to the Governments of Australia, Ethiopia and Japan and to the National Tertiary Education Union of Australia, the Ethiopian Teachers’ Association, Education International and teachers’ organizations in Japan that participated in meetings with the CEART fact-finding mission in April 2008, and to invite them to take the necessary follow-up action as recommended in the report.

(Document GB.303/12, paragraph 123.)