Withdrawal


The Conference decision by which a Convention which has never entered in force or is no longer in force due to denunciations or a Recommendation is found to be obsolete and is removed from the body of standards. 

The term ‘withdrawal’ is used for Conventions which have never entered into force or are no longer in force due to denunciations, and to Recommendations whereas the term ‘abrogation’ refers to Conventions in force. Withdrawal and abrogation follow the same procedure set out in article 45bis of the Conference Standing Orders. The only difference is that the Conference based on an amendment of its Standing Orders could withdraw an instrument even before the entry into force of the 1997 constitutional amendment by which the Conference was empowered, by two-thirds majority and upon recommendation by the Governing Body, to abrogate a Convention in force if it appears that it has lost its purpose or that it no longer makes a useful contribution to attaining the objectives of the Organization (article 19(9) of the Constitution).

In accordance with article 45bis of the Conference Standing Orders, when an item on abrogation or withdrawal is placed on the agenda of the Conference the Office must communicate to the governments of all member States not later than 18 months before the opening of the session of the Conference at which the item is to be discussed, a short report and questionnaire requesting them to indicate within a period of 12 months their position on the subject of the said abrogation or withdrawal. On the basis of the replies received, the Office draws up a report containing a final proposal which is distributed to governments four months before the opening of the Conference.

As at September 2019, the Conference had withdrawn seven Conventions and 39 Recommendations. All these instruments were found to have had lost their purpose with regard to the Organization, either because they have been replaced by more modern instruments or because they no longer reflect current practices and conceptions.

See also ABROGATION