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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ACT 13 OF 1992

(July 28)

Official Journal No. 40.522., July 30, 1992

By means of which the instrument of amendment to the Constitution is approved

of the International Labour Organization, adopted by the Conference

International Labor in its 72a. Meeting, Geneva, 1986

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 in its 72a.

Meeting, Geneva 1986. "

International Labour Office.

TEXT OF THE INSTRUMENT OF AMENDMENT TO THE CONSTITUTION OF THE INTERNATIONAL LABOR ORGANIZATION

The General Conference of the International Labour Organization:

convened in Geneva by the Board of Directors of the International Labour Office, and gathered in that city on 4 June 1986 at its seventh meeting;

After having decided to adopt several amendments to the Constitution of the International Labour Organization, a matter of the seventh item on the agenda of this meeting.

Adopts, with the date of June 24, a thousand nine hundred and eighty-six, the next instrument of amendment to the Constitution of the International Labor Organization, which will be called the Instrument of Amendment to the Constitution of the International Labour Organisation 1986;

ARTICLE 1o. As of the date of the entry into force of this Instrument of Amendment, the provisions of the Constitution of the International Labour Organization, the text of which is currently in force, appears in the first column of the Annex to this Instrument shall take effect as amended in the second column of that Annex.

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ARTICLE 2o. The President of the Conference and the Director General of the International Labour Office will authenticate with his signature two copies of this Amendment Instrument. One of them shall be deposited in the archives of the International Labour Office and the other shall be forwarded to the Secretary-General of the United Nations to be registered in accordance with Article 102 of the Charter of the United Nations. The Director General shall transmit a certified copy of this Instrument to all Members of the International Labour Organization.

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ARTICLE 3o.

1. The ratifications or acceptances of this Amendment Instrument shall be communicated to the Director General of the International Labour Office, who shall inform the Members of the Organization.

2. This Amendment Instrument shall 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 inform the Members of the International Labour Organization and the Secretary-General of the United Nations.

ANNEX

CONSTITUTION OF THE INTERNATIONAL LABOUR ORGANISATION

Provisions in force on June 24, 1986

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ARTICLE 1.

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

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ARTICLE 3.

9. The powers of the delegates and their technical advisers shall be examined by the Conference, which may, by a majority of two-thirds of the votes (of the delegates present), reject the admission of any delegate or technical adviser who in the opinion of the Commission has not been designated in accordance with this Article.

Amended Provisions

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1. The words deleted from the provisions in force in June 1986 are enclosed in square brackets; the changes and additions introduced by the provisions are underlined.

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ARTICLE 1.

4. The General Conference of the International Labour Organization may also admit a State as a member of the Organization by a two-thirds majority of the delegates present at the meeting, including two-thirds of the delegates. The government has taken part in the vote. This admission shall take effect when the Government of the new Member informs the Director-General of the International Labour Office of the formal acceptance of the obligations arising out of the Constitution of the International Labour Organization.

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ARTICLE 3.

9. The powers of the delegates and their technical advisers shall be examined by the Conference, which may, by a majority of two-thirds of the votes cast, reject the admission of any delegate or technical adviser who, in the opinion of the delegates, shall not be has been designated in accordance with this article.

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ARTICLE 6.

Any change (at the) headquarters of the International Labour Office will be decided by the Conference by a majority of two-thirds of the votes cast (by delegates present).

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ARTICLE 7.

1. The Board of Directors will be composed of (fifty-six persons: Twenty-eight representatives of governments, fourteen employers 'representatives and fourteen workers' representatives).

2. [Of the twenty-eight representatives of the governments, ten will be appointed by the Members of the highest industrial importance, and the remaining eighteen, by the Members appointed to the effect by the governmental delegates to the Conference, with exclusion of the delegates of the ten first members mentioned above].

3. [The Board of Directors shall determine, whenever necessary, which are the Members of the Organization of major industrial importance and shall lay down the rules for all matters relating to the designation of such Members to be examined by an impartial committee before the Management Board takes a decision on the matter. Any appeal filed by a Member against the decision of the Board of Directors determining which members of the highest industrial importance will be resolved by the Conference; but such appeal shall not suspend the application of the decision while the Conference was not pronounced].

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ARTICLE 6.

Any change of headquarters of the International Labour Office will be decided by the Conference by a two-thirds majority of the votes cast.

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ARTICLE 7.

1. The Board of Directors will consist of one hundred and twelve posts, which will be distributed as follows:

Fifty-six reserved for people representing governments.

Twenty-eight reserved for people representing employers and

Twenty-eight reserved for people representing workers.

2. It must be composed in such a way as to be as representative as possible, taking into account the different geographical, economic and social interests in the three groups which constitute it, without thereby undermining the recognised autonomy of these groups. groups.

3. In order to satisfy the requirements laid down in paragraph 2 of this Article, and to ensure the continuity of the work of fifty-four of the fifty-six posts reserved for the representatives of the governments shall be attributed to the next way:

(a) These posts will be distributed among four geographical regions (Africa, America, Asia and Europe) whose delimitation will be, if necessary, subject to adjustments by mutual agreement between all interested governments. Each of these regions shall be assigned a number of posts which shall be based, with equal weight, on the number of the Member States to which account, in their population and in their economic activity determined by appropriate indices-product (a) gross national income or contributions to the budget of the Organization; it is understood that none of them shall have fewer than 12 posts or more than 15 posts. For the purposes of this paragraph, the initial distribution of posts shall be as follows: Africa: 13 posts; America: 12 posts; Asia and Europe: 15 and 14.

b) (i) During the International Labour Conference, government delegates from the Member States belonging to the different regions referred to in paragraph (a) above, or who have been incorporated into these regions by agreement (a) the Member States shall be invited to the appropriate regional conference under the conditions laid down in the following paragraph 4; they shall form the polling stations responsible for designating the members who shall occupy the posts corresponding to each of the those regions. The government delegates from the Western European states and the government delegates from the Eastern European socialist states will form separate polling stations. Some and others will agree to divide the posts that correspond to the region and will 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 sub-regional basis, to designate separately the Members called to occupy the posts that correspond to the subregion.

iii) The designations will be communicated to the College of the governmental delegates to the Conference, in order to proclaim the results. If, in a region or sub-region, electoral operations or their results were subject to challenges which could not be resolved at these levels, the College of Government delegates to the Conference shall decide within the framework of the provisions of the applicable protocol.

c) Each electoral college shall take the necessary steps to ensure that a substantial number of the Members appointed to fill the posts attributed to the region are chosen on the basis of the importance of their population and in order to a fair geographical distribution is ensured, bearing in mind other factors such as the economic activities of the Members concerned according to the characteristics of the region. The detailed rules for applying these principles will be specified in a protocol agreed between the governments belonging to the electoral college, which will be deposited with the Director General of the International Labour Office.

4. Each of the two remaining posts will be allocated in turn to Africa and America, on the one hand, and to Asia and Europe on the other, so that each of these regions can ensure, on non-discriminatory terms, that they participate in the process. Member States which are geographically part of the same or have been incorporated into it by mutual agreement, or who are invited to the relevant regional conference, but which are not covered by the protocol of the This is not the case, but I do not think that the Member States will be able to benefit from this. (i) the Commission's proposal for a Council decision on the Where the additional post is not used in accordance with the provisions set out above, it shall be attributed by the region concerned in accordance with the provisions of its protocol.

[4.] 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 renewed every three years. If, for any reason, the Board of Directors ' elections cannot be held at the end of this period, the Board of Directors shall continue in office until such time as they can be held.

[6.] The way to provide vacant posts and to appoint alternates, and other similar issues, may be resolved by the Council, subject to the approval of the Conference.

[7.] The Board of Directors shall elect a president and two vice-presidents from among its members. One of these three counts must be performed by a person representing a government and the other two by persons representing, respectively, employers and workers.

[8.] The Board of Directors shall fix its own rules of procedure, as well as the dates of its meetings. Extraordinary meeting shall be held at the request of at least [sixteen] members of the Board of Directors in writing.

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ARTICLE 8.

1. [The Director-General of the International Labour Office shall be appointed by the Board of Directors, from which he shall receive instructions and before which he shall be responsible for the proper conduct of the Office and for the execution of any other functions. which may be entrusted to you].

[2.] The Director General or his alternate will attend all sessions of the Board of Directors.

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ARTICLE 13.

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c) The provisions relating to the approval of the budget of the International Labour Organisation, as well as those concerning the pro-rata and collection of contributions, shall be fixed by the Conference by a two-thirds majority vote. issued [by the delegates present], and in those provisions it shall be established that the budget and rules concerning the apportionment of expenditure among the Members of the Organization shall be approved by a committee of representatives government.

4. The Member of the Organization who is late in payment of his financial contribution to the Organization shall not be able to vote in the Conference, in the Board of Directors, in any committee, or in the elections of members of the Council of Administration, if the sum due is equal to or greater than the total of the contribution to be paid for the previous two years. However, the Conference may, by a majority of two-thirds of the votes cast [by the delegates present], allow that Member to vote, if I conclude that the delay is due to circumstances beyond the Member's will.

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ARTICLE 16.

2. However, issues which have been the subject of opposition shall continue to be on the agenda if the Conference so decides by a two-thirds majority of the votes cast [by the delegates present].

3. Where the Conference decides, by the same two-thirds majority, that a question must be examined (and is not the case provided for in the preceding paragraph), that question shall be entered on the agenda of the next meeting.

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ARTICLE 17.

2. The decisions of the Conference shall be taken by a simple majority of the votes cast [by the delegates present] in all cases where no greater number of votes is required by express provision of this Constitution, of any convention or another instrument conferring powers on the Conference, or on the financial and budgetary arrangements to be adopted pursuant to Article 13.

[3. No vote shall take effect if the total number of votes cast is less than half the number of delegates present at the meeting].

5. Employers 'and workers' representatives shall be elected, respectively, by the employers 'delegates and the workers' delegates to the Conference.

6. The Board of Directors shall be renewed every three years. If, for any reason, the Board of Directors ' elections cannot be held at the end of this period, the Board of Directors shall continue in office until such time as they can be held.

7. The way in which vacant posts are to be provided and to appoint alternates, and other similar issues, may be resolved by the Council, subject to the approval of the Conference.

8. The Management Board shall elect a chairman and two vice-presidents from among its members. One of these three counts must be performed by a person representing a government and the other two by persons representing, respectively, employers and workers.

9. The Management Board shall fix its own rules of procedure, as well as the dates of its meetings. Extraordinary meeting shall be held at the request of at least thirty-two members of the Board of Directors in writing.

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ARTICLE 8.

1. At the head of the International Labour Office there will be a Director General; he will be appointed by the Board of Directors, who will submit the appointment to the approval of the International Labour Conference.

2. The Director-General shall be instructed by the Management Board, before which he shall be responsible for the proper conduct of the Office and for the execution of any other functions which may be entrusted to him.

3. The Director General or his/her alternate will attend all the sessions of the Board of Directors.

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ARTICLE 13.

2 ...

c) The provisions relating to the approval of the budget of the International Labour Organisation, as well as those concerning the pro-rata and collection of contributions, shall be fixed by the Conference by a two-thirds majority vote. (a) the budget and the rules concerning the apportionment of expenditure among the Members of the Organization shall be approved by a committee of government representatives.

4. The Member of the Organization who is late in payment of his financial contribution to the Organization shall not be able to vote in the Conference, in the Board of Directors, in any committee, or in the elections of members of the Council of Administration, if the sum due is equal to or greater than the total of the contribution to be paid for the previous two years. However, the Conference may, by a majority of two-thirds of the votes cast, allow that Member to vote, if it concludes that the delay is due to circumstances beyond the will of the Member.

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ARTICLE 16.

2. However, questions which have been the subject of opposition shall continue to be entered on the agenda if the Conference so decides by a two-thirds majority of the votes cast.

3. Where the Conference decides, by the same majority of two-thirds of the votes cast, that a question must be examined (and is not the case provided for in the preceding paragraph), that question shall be entered on the agenda of the meeting. next.

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ARTICLE 17.

2. The decisions of the Conference shall be taken by a simple majority of the votes cast (for and against) in all cases where no greater number of votes is required by express provision of this Constitution, of any convention or other an instrument conferring powers on the Conference, or on the financial and budgetary arrangements to be adopted pursuant to Article 13.

3. In cases where the Constitution provides for a simple majority of votes, this majority will be decisive only if it represents at least a quarter of the delegates present at the Conference meeting; in cases where the Constitution provides for a majority of two-thirds of the votes, this majority will be decisive only if it represents at least a third of the delegates present at the meeting; in the event that the Constitution provides for a majority of three-quarters of the votes; this majority will only be decisive if it represents at least three-eighth of the delegates present at the meeting.

4. The vote will only take effect if half at least the voting delegates present at the meeting have taken part in it.

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ARTICLE 19.

2. In both cases, for the Conference to adopt the final vote, the convention or recommendation will require a two-thirds majority of the votes cast [by the delegates present].

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ARTICLE 21.

1. Any draft convention submitted to the Conference which, in the final vote, does not obtain a two-thirds majority of the votes cast [by the Members present] may be the subject of a special agreement between the Members of the organization they so want.

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ARTICLE 36.

The amendments to this Constitution adopted by the Conference by a majority of two-thirds of the votes cast [by the delegates present] shall take effect when ratified or accepted by two-thirds of the members of the organization, [including five of the ten Members represented on the Board of Directors as Members of greater industrial importance, in accordance with the provisions of paragraph 3 of Article 7 of this Constitution].

Full and certified copy of the Spanish text.

By the Director General of the International Labour Office:

Francis Maupain

Legal Counsel for International Labour Office.

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ARTICLE 19.

2. In both cases, a majority of two-thirds of the votes cast will be required for the Conference to adopt a final vote on the convention or recommendation.

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ARTICLE 21.

1. Any draft convention submitted to the Conference which in the final vote does not obtain a two-thirds majority of the votes cast may be the subject of a particular agreement among the Members of the organization who so wish.

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ARTICLE 36.

1. Subject to the provisions of paragraph 2 of this Article, the amendments to this Constitution adopted by the Conference by a two-thirds majority of the votes cast shall take effect when they are ratified or accepted by two-thirds of the the members of the organisation.

2. If the amendment refers to:

i) The fundamental objectives of the Organization set out in the preamble of the Constitution and in the Declaration on the aims and objectives of the Organization set out in the Annex to that Constitution (Preambul; Article 1; Annex);

(ii) the permanent structure of the Organization, the composition and functions of its collegiate bodies and the appointment and functions of the Director General, as set out in the Constitution (Article 1, Article 2, Article 3, Article 4, Article 7, Article 8 and Article 17);

(iii) The constitutional provisions relating to international conventions and recommendations of the work (Articles 19 to 35 and Article 37);

(iv) The provisions of this Article.

The amendment will only be considered adopted if it receives three-quarters of the votes cast, and will not enter into force until it has been ratified or accepted by three-quarters of the Organization's Members.

The undersigned Head of the Legal Affairs Division of the Ministry of Foreign Affairs,

Note:

That the present reproduction is a faithful and integral photocopy of the certified text of the "Instrument of Amendment to the Constitution of the International Labour Organization", adopted by the Septuagth Second Meeting of the International Conference of the Labour, Geneva, 1986, which rests in the archives of the Legal Affairs Division-the Treaties Section-of the Ministry of Foreign Affairs.

Dada en Bogotá, D.E. at 6 days of the month of December 1989.

FULVIA ELVIRA BENAVIDES COTES

Head of the Legal Affairs Division.

EXECUTIVE BRANCH OF PUBLIC POWER

PRESIDENCY OF THE REPUBLIC

Bogotá, D.C., December 18, 1989.

Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.

(Fdo.) VIRGILIO BOAT

The Foreign Minister,

(Fdo.) Julio Londono Paredes.

DECRETA:

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ARTICLE 1o. Approve the Instrument of Amendment to the Constitution of the International Labour Organization adopted by the International Labour Conference in its 72a. Meeting, Geneva 1986.

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ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. In 1944, the Instrument of Amendment to the Constitution of the International Labour Organization adopted by the International Labour Conference in its 72a. Meeting, Geneva 1986, which is approved by the first article of this Law, will force the country from the date on which the international link is perfected.

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ARTICLE 3o. This law applies as of the date of its publication.

Dada en Santafe de Bogota, D.C., a los ... días del mes de ... mil novehundred

ninety-two (1992).

The President of the honorable Senate of the Republic,

CARLOS ESPINOSA FACCIO-LYNX

The President of the honorable House of Representatives,

RODRIGO HERNANDO TURDAY COTE

The Secretary General of the honorable Senate of the Republic,

GABRIEL GUTIERREZ MACIAS.

The Secretary General of the honorable House of Representatives,

SILVERIO SALCEDO MOSQUERA

Republic of Colombia-National Government.

Publish and execute.

Dada en Santafe de Bogota, D.C., at 28 July 1992.

CESAR GAVIRIA TRUJILLO

The Deputy Foreign Minister, in charge of the functions of the

Office of the Minister of Foreign Affairs,

WILMA ZAFRA TURBAY

The Minister of Labour and Social Security,

LUIS FERNANDO RAMIREZ ACUNA

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