Through Which The Instrument Amending The Constitution Of The International Labour Organization, Adopted By The International Labour Conference At Its 72Nd Is Approved. Session, Geneva, 1986

Original Language Title: Por medio de la cual se aprueba el instrumento de enmienda a la Constitución de la Organización Internacional del Trabajo, adoptada por la Conferencia Internacional del Trabajo en su 72a. Reunión, Ginebra, 1986

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LAW 13 OF 1992
(July 28)
Official Gazette No. 40,522., On July 30, 1992

Through which the instrument
amendment to the Constitution of the International Labour Organization, adopted by the International Labour Conference
72nd approved. Session, Geneva, 1986 Summary

Term Notes
THE CONGRESS OF COLOMBIA,
having regard to the text of the "Instrument of Amendment to the Constitution of the International Labour Organization, adopted by the International Labour Conference at its 72nd.
Meeting, Geneva 1986".
International Labour Office.
TEXT OF THE INSTRUMENT OF AMENDMENT TO THE CONSTITUTION OF THE INTERNATIONAL LABOUR ORGANISATION
The General Conference of the International Labour Organisation
convened at Geneva by the Governing Body of the International Labour Office, and having met in that city on June 4, 1986 at its seventieth meeting;
Having decided to adopt several amendments to the Constitution of the International Labour Organization, which is included in the seventh item on the agenda of this meeting.
Adopts of June 24 in 1986, the following instrument Amendment to the Constitution of the International Labour Organization, which will be called Instrument of Amendment to the Constitution of the International Labour Organization 1986;
ARTICLE 1o. From the date of entry into force of this Instrument of Amendment, the provisions of the Constitution of the International Labour Organization, the text currently in force appears in the first column of the Annex to this Instrument shall take effect as is amended in the second column of the Annex.
Article 2.
. The President of the Conference and the Director General of the International Labour Office authenticated by the signature two copies of this Instrument of Amendment. One of them will be deposited in the archives of the International Labour Office and the other to the Secretary General of the United Nations for registration in accordance with Article 102 of the United Nations Charter be sent. The Director General shall transmit a certified copy of the Instrument to all Members of the International Labour Organization.

ARTICLE 3.
1. Ratifications or acceptances of this Instrument of Amendment to the Director General of the International Labour Office, who shall inform the Members of the Organization shall be reported.
2. This Instrument of Amendment will enter into force in accordance with the provisions of Article 36 of the Constitution of the International Labour Organization.
3. Upon entry into force of this Instrument, the Director General of the International Labour Office shall notify the Members of the International Labour Organisation and the Secretary General of the United Nations.

ANNEX CONSTITUTION OF THE INTERNATIONAL LABOUR ORGANISATION
provisions in force on June 24, 1986
ARTICLE 1.

4. The General Conference of the International Labour Organisation may also admit a State as a Member of the Organization by two-thirds majority of the delegates present at the meeting, including two thirds of the Government delegates (present and voting). Such admission shall take effect when the government of the new Member informs the Director General of the International Labour Office its formal acceptance of the obligations of the Constitution of the International Labour Organization.
ARTICLE 3.

9. The credentials of delegates and their advisers will be examined by the Conference, which may, by a two-thirds vote (of delegates), refuse to admit any delegate or adviser whom the same I not been designated in accordance with this Article. ************


Amended provisions 1. The deleted words in the provisions in force in June 1986 in brackets; changes and additions introduced by the orders issued are underlined. ************


ARTICLE 1.

4. The General Conference of the International Labour Organisation may also admit a State as a Member of the Organization by two-thirds majority of the delegates present at the meeting, including two thirds of the Government delegates who have taken part in the vote. Such admission shall take effect when the government of the new Member informs the Director General of the International Labour Office its formal acceptance of the obligations of the Constitution of the International Labour Organization.
ARTICLE 3.

9. The credentials of delegates and their advisers will be examined by the Conference, which may, by two-thirds majority of the votes cast, refuse to admit any delegate or adviser whom the same I have not been designated accordance with this article.


ARTICLE 6. Any change (in the) headquarters of the International Labour Office shall be decided by the Conference by a majority of two-thirds of the votes cast (for delegates).
ARTICLE 7.

1. The Board of Directors shall consist of (fifty-six persons Twenty-eight representing governments, Fourteen representing employers and workers' representatives fourteen).
2. [Of the twenty-eight representatives of governments, ten shall be appointed by the Members of chief industrial importance, and eighteen by Members designated for that purpose by the Government delegates to the Conference, excluding the delegates of the ten Members mentioned above ].
3. [The Board of Directors shall, whenever necessary, what the Members of the Organization of chief industrial importance and determine the rules for all matters relating to the appointment of these members are examined by an impartial commission before the Governing Council to take a decision. Any appeal brought by a Member against the decision of the Board of Directors determined by which Members of chief industrial importance shall be decided by the Conference; but such appeal shall not suspend the implementation of the decision until the Conference has not acted].


ARTICLE 6. Any change of venue of the International Labour Office shall be decided by the Conference by a majority of two thirds of the votes cast.
ARTICLE 7.

1. The Board of Directors shall consist of one hundred twelve seats will be distributed as follows:
reserved Fifty-six people representing governments. Twenty-eight
reserved for people who represent employers and reserved
Twenty-eight people representing workers.
2. It shall be composed so that it is as representative as possible taking into account the different geographical, economic and social interests in the three groups that constitute it, without thereby the recognized autonomy of these groups were undermined.
3. In order to meet the requirements defined in paragraph 2 of this Article, and to ensure the continuity of the work of the fifty-four fifty-six seats reserved for representatives of the Governments shall be allocated as follows:
to ) These posts will be distributed among four geographic regions (Africa, America, Asia and Europe) whose delimitation will, if necessary, subject to adjustment by mutual agreement between all interested governments. Each of these regions is allocated a number of seats to be based, with equal weighting in the number of Member States counts in its population and its specific economic activity appropriate indices as gross national -product or contributions the budget of the Organization-, it being understood that none of them have less between twelve seats or more than fifteen posts. For the application of this paragraph, the initial distribution of seats is as follows: Africa: thirteen positions; America: twelve seats; Asia and Europe: alternately fifteen and fourteen positions.

B) i) During the International Labour Conference, government delegates from Member States belonging to different regions indicated in paragraph a) above, or that have been incorporated in these regions by mutual agreement, or have been invited to the appropriate regional conference under the conditions specified in paragraph 4 below, will be in charge of appointing polling members who occupy positions corresponding to each of these regions. Government delegates from West European states and government delegates from the socialist states of Eastern Europe will form separate polling stations. Both sides will agree to distribute among them the positions corresponding to the region and separately designate their respective representatives on the Board of Directors.
Ii) When the particularities of a region so require, the governments of this region may agree to subdivide on a subregional basis, to appoint separately Members called to fill the positions corresponding to the subregion.
Iii) The designations shall be communicated to the College of the Government delegates to the Conference, to proclaim the results. If, in a region or subregion, electoral operations or results are the subject of challenges that can not be resolved at that level, the College of the Government delegates to the Conference decided in the framework of the provisions of the applicable protocol.
C) Each polling station shall take steps to ensure that a substantial number of Members appointed to fill the seats allotted to the region are chosen based on the importance of its population and so as to ensure geographical distribution fair, however taking into consideration other factors such as the economic activities of the Members concerned according to the specific characteristics of the region. The rules for applying these principles will be specified in a protocol agreed between governments belonging to the polling station, which will be deposited with the Director General of the International Labour Office.
4. Each of the two remaining seats will be allocated in turn to Africa and America, on the one hand, and Asia and Europe on the other, so that each of these regions to ensure, on a non-discriminatory conditions, participation in the electoral process Member States geographically part of it or have been incorporated into it by mutual agreement, or who are invited to the appropriate regional conference, but which are not covered either by the protocol of this region or any other, being understood that those States may not benefit from preferential treatment with respect to comparable states in the region. When the additional seat is not used according to the above provisions, it will be allocated by the region concerned in accordance with the provisions of the protocol.
[4.] The representatives of employers and workers shall be elected respectively by the Employers 'delegates and the Workers' delegates to the Conference.
[5]. The Board of Directors shall be three years. If for any reason the Governing Body elections do not take place by this deadline, the Board will continue in office until elections are held.
[6.] The method of filling vacancies and of appointing substitutes posts and other similar questions may be decided by the Council, subject to the approval of the Conference.
[7]. The Board of Directors shall elect from among its members a chairman and two vice presidents. One of these three positions must be held by a person representing a government and two by persons representing respectively the employers and workers.
[8]. The Board of Directors shall determine its own rules of procedure and the dates of its meetings. extraordinary meeting will be held when requested in writing at least [sixteen] members of the Board of Directors.
ARTICLE 8.

1. [The Director General of the International Labour Office shall be appointed by the Board of Directors, which will receive instructions and to which shall be responsible for the smooth running of the Office and for such other duties as may be assigned to him].
[2.] The Director General or his deputy shall attend all meetings of the Board of Directors.
ARTICLE 13.

2 ...

C) The provisions concerning the approval of the budget of the International Labour Organization, as well as those concerning the allocation and collection of contributions, determined by the Conference by a majority of two-thirds of the votes cast [by the delegates present ], and these provisions will be established that the budget and the rules concerning the allocation of expenses among Members of the Organization shall be approved by a committee of government representatives.
4. The Member of the Organization which is in arrears in the payment of its financial contributions to the Organization shall have no vote in the Conference, the Governing Body, in any committee, or in the elections of members of the Board of Directors, if the amount owed it is equal to or exceeds the amount of the contributions due for the preceding two full years. However, the Conference may, by a two-thirds majority of the votes cast [by the delegates present], permit such a Member to vote if it is satisfied that the delay is due to conditions beyond the control of the Member.
ARTICLE 16.

2. However, issues which have been registered opposition continue in the agenda if the Conference so decides by a majority of two-thirds of the votes cast [by the delegates present].
3. When the Conference decides, by the same majority of two-thirds that a matter should be examined (and not try the case referred to in the preceding paragraph), that subject shall be included in the agenda of the next meeting.
ARTICLE 17.

2. Decisions of the Conference shall be taken by a simple majority of the votes cast [by the delegates present] in all cases where highest number of votes is not required by express provision of this Constitution, of any agreement or other instrument conferring powers to the Conference, or financial and budgetary resolutions adopted under Article 13.
[3. No voting will take effect if the total votes cast is less than half the number of delegates present at the meeting].
5. The representatives of employers and workers shall be elected respectively by the Employers 'delegates and the Workers' delegates to the Conference.
6. The Board of Directors shall be three years. If for any reason the Governing Body elections do not take place by this deadline, the Board will continue in office until elections are held.
7. The method of filling vacancies and of appointing substitutes posts and other similar questions may be decided by the Council, subject to the approval of the Conference.
8. The Board of Directors shall elect from among its members a chairman and two vice presidents. One of these three positions must be held by a person representing a government and two by persons representing respectively the employers and workers.
9. The Board of Directors shall determine its own rules of procedure and the dates of its meetings. extraordinary meeting will be held when requested in writing at least thirty-two members of the Board of Directors.
ARTICLE 8.

1. In front of the International Labour Office a Director General; It shall be appointed by the Board of Directors, which will submit the appointment to the approval of the International Labour Conference.
2. The Director General shall receive instructions from the Board of Directors, to which will be responsible for the smooth running of the Office and the execution of any other functions as may be assigned to him.
3. The Director General or his deputy shall attend all meetings of the Board of Directors.
ARTICLE 13.


2 ... c) The provisions concerning the approval of the budget of the International Labour Organization, as well as those concerning the allocation and collection of contributions, the Conference set two-thirds majority of the votes cast, and those provisions provide that the budget and the arrangements for the allocation of expenses among Members of the Organization shall be approved by a committee of government representatives.

4. The Member of the Organization which is in arrears in the payment of its financial contributions to the Organization shall have no vote in the Conference, the Governing Body, in any committee, or in the elections of members of the Board of Directors, if the amount owed it is equal to or exceeds the amount of the contributions due for the preceding two full years. However, the Conference may, by a two-thirds majority of the votes cast, permit such a Member to vote if it is satisfied that the delay is due to conditions beyond the control of the Member.
ARTICLE 16.

2. However, issues which have been registered opposition continue in the agenda if the Conference so decides by a majority of two thirds of the votes cast.
3. When the Conference decides, by the same majority of two thirds of the votes cast, a subject shall be considered (and not try the case referred to in the preceding paragraph), that subject shall be included in the agenda of the next meeting .
ARTICLE 17.

2. Decisions of the Conference shall be taken by a simple majority of the votes cast (for and against) in all cases where highest number of votes is not required by express provision of this Constitution, of any agreement or other instrument conferring powers the Conference, or financial and budgetary resolutions adopted under Article 13. 3
. In cases where the Constitution provides for a simple majority vote, this majority will be decisive only if it represents at least a quarter of the delegates present at the meeting of the Conference; in cases where the Constitution provides for a two-thirds majority of the votes cast, this majority will be decisive only if it represents at least one third of the delegates present at the meeting; in the case where the Constitution provides for a three-fourths majority of the votes; this majority will be decisive only if it represents at least three-eighths of the delegates present at the meeting.
4. The vote is effective only if it has taken part in at least half of the delegates voting present at the meeting.
ARTICLE 19.

2. In both cases, the Conference adopt final vote on the agreement or recommendation a majority of two thirds of the votes cast [by the delegates present] is required.
ARTICLE 21.

1. Any draft convention submitted to the Conference that the final vote fails to secure a majority of two thirds of the votes cast [by the Members present] may be the subject of a special agreement between the members of the organization who so wish.


ARTICLE 36. Amendments to this Constitution adopted by the Conference by a two-thirds majority of the votes cast [by the delegates present] will take effect when ratified or accepted by two thirds of the Members of the organization [including five of the ten Members represented on the Governing Body as Members of chief industrial importance in accordance with the provisions of paragraph 3 of Article 7 of the Constitution].
Certified copy and complete the Spanish text.
For the Director General of the International Labour Office: Francis Maupain

International Labour Office Legal Counsel.
ARTICLE 19.

2. In both cases for the Conference adopt final vote on the agreement or recommendation a majority of two thirds of the votes cast is required.
ARTICLE 21.

1. Any draft convention submitted to the Conference that the final vote fails to secure a majority of two thirds of the votes cast may be the subject of a special agreement between the Members of the organization so wish.
ARTICLE 36.

1. Subject to paragraph 2 of this Article, amendments to this Constitution adopted by the Conference by a two-thirds majority of the votes cast shall take effect when ratified or accepted by two thirds of the members of the organization.
2. If the amendment relates to:
i) The fundamental objectives of the Organization set forth in the preamble of the Constitution and the Declaration concerning the aims and objectives of the Organization contained in the annex to the Constitution (Preamble, Article 1; annex);
Ii) The permanent structure of the organization, composition and functions of its collegiate organs and the appointment and functions of the Director General, as outlined in the Constitution (Article 1, Article 2, Article 3, Article 4 Article 7, Article 8 and Article 17);

Iii) The constitutional provisions on international conventions and recommendations, work (Articles 19 to 35 and 37);
Iv) The provisions of this Article.
The only amendment shall be considered adopted if it receives three-quarters of the votes cast, and not enter into force until it has been ratified or accepted by three quarters of the Members of the Organization.
The undersigned Head of the Legal Affairs Division of the Ministry of Foreign Affairs, stated ago
:
That this reproduction is true and complete photocopy of the text of the "Instrument of Amendment to the Constitution of the Organization International Labour ", adopted by the Seventy-Second Session of the International Labour Conference, Geneva, 1986, which is on file in the Legal Affairs Division -Section Treaties of the Ministry of Foreign Affairs.
Given in Bogota, DE 6 days in December 1989. ELVIRA BENAVIDES COTES FULVIA

Head of the Legal Affairs Division. RAMA

PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Bogotá, DC, December 18, 1989. Approved
. Submit to the consideration of the honorable National Congress for constitutional purposes.
(Sgd.)
Virgilio Barco Minister of Foreign Affairs,
(Sgd.) Julio Londoño Paredes. DECREES
:

ARTICLE 1o. Approval of the Instrument of Amendment to the Constitution of the International Labour Organisation adopted by the International Labour Conference at its 72nd. Session, Geneva 1986
Article 2.
. In accordance with the provisions of article 1. 7a Act. 1944, the Instrument of Amendment to the Constitution of the International Labour Organisation adopted by the International Labour Conference at its 72nd. Session, Geneva 1986, that the first article of this law is passed, will force the country from the date the international link is perfect.

ARTICLE 3. This law applies from the date of publication.
Given in Bogota, DC, on the ... day of ... in 1900
ninety two (1992).
The President of the honorable Senate, CARLOS ESPINOSA

FACCIO-LYNX President of the Chamber of Representatives, HERNANDO RODRIGO

TURBAY COTE Secretary General of the honorable Senate Republic
MACIAS GABRIEL GUTIERREZ.
The Secretary General of the honorable House of Representatives, Silverio SALCEDO MOSQUERA

Republic of Colombia - National Government.
Published and executed.
Given in Bogota, DC, on July 28, 1992.

César Gaviria Trujillo Vice Minister of Foreign Affairs, in charge of the functions of
Office of the Minister of Foreign Affairs | WILMA ||
HARVEST TURBAY Minister of Labour and Social Security, Luis Fernando Ramírez




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