Rs 0.820.1 Constitution Of The International Organization Of The Work Of June 28, 1919

Original Language Title: RS 0.820.1 Constitution de l’Organisation internationale du travail du 28 juin 1919

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0.820.1 text original Constitution of the international organization of the work of June 28, 1919 (new content according to the Instrument for the amendment of the Constitution of the international organization of the work of 9 October 1946) signed in Montreal on 9 October 1946, approved by the Federal Assembly on March 26, 1947, entered into force on 20 April 1948 (as at 9 may 2012) preamble whereas a universal and lasting peace can be established only on the basis of social justice;
whereas there are working conditions involving injustice, poverty and deprivation, for a large number of people resulting in such discontent that universal peace and harmony are put in danger, and whereas there is an urgent need to improve those conditions: for example, with regard to the regulation of working hours, the fixing of a maximum duration of the day and work week , the recruitment of labour, the fight against unemployment, the guarantee of a salary ensuring decent living conditions, the protection of workers against General or professional diseases and accidents resulting from work, the protection of children, adolescents and women, old-age and disability pensions, defence of the interests of workers abroad, the affirmation of the principle "to work. ', equal pay ", the affirmation of the principle of freedom of Association, the Organization of vocational and technical and other similar measures.
whereas the failure to adopt a nation any really human work plan hinders the efforts of other nations to improve the lot of workers in their own country;
the High Contracting Parties, moved by sentiments of justice and humanity as well as by the desire to ensure lasting world peace, and to achieve the goals set forth in this preamble, agree with the present Constitution of the International Labour Organization: chapter I Organization art. 1-1. It is based on a permanent organization responsible for work on the realization of the program set out in the preamble of this Constitution and in the Declaration concerning the aims and objectives of the international organization of work which was adopted in Philadelphia on May 10, 1944 and whose text is annexed to this Constitution.
2. Member of the International Labour Organization will be the States that were members of the Organization on 1 November 1945 and all other States which become members in accordance with the provisions of by. 3 and 4 of this article.
3. any original member of the United Nations and any State admitted as a member of the United Nations by a decision of the General Assembly in accordance with the provisions of the Charter may become a member of the International Labour Organization by communicating to the Director-general of the international Labour Office its formal acceptance of the obligations of the Constitution of the International Labour Organization.
4. the General Conference of the International Labour Organization may also admit members in the organization by a majority of two thirds of the delegates present at the session, including two thirds of the Government delegates present and voting. This admission will become effective when the Government of the new Member will be communicated to the Director-general of the international Labour Office its formal acceptance of the obligations of the constitution of the organization.
5. no member of the International Labour Organization may withdraw without giving notice of his intention to the Director-general of the international labour office. This notice will be effect two years after the date of its receipt by the Director general provided that the Member has filled until all financial obligations arising from its membership. When a member has ratified an international convention of labour, this withdrawal will not affect the validity, for the period provided for by the convention, obligations resulting from the convention or are related.
6. in the event that a State would have ceased to be a member of the Organization, its readmission as a member will be governed by the provisions of by. 3 or 4 of this article.

Art. 2 the permanent organization will include: a) a General Conference of representatives of the members; b) a Board of Directors as stated in art. 7; c) an international labour office under the direction of the Board of Directors.

Art. 3-1. The General Conference of the representatives of the members will hold sessions whenever need be and, at least once a year. It will be composed of four representatives of each Member, which two will be delegates from the Government and the other two will represent respectively, on the one hand, the employers, on the other hand, workers who are nationals of each Member.
2. each delegate may be accompanied by advisers that the number may be two at most for each of the different subjects on the agenda of the session. When issues especially women have to come under discussion at the Conference, one at least of those persons designated as technical advisers should be a woman.
((3. any responsible member of the international relations of non-metropolitan territories may appoint as additional advisers to accompany each of these delegates: a) persons designated by him as representatives of such a territory for certain questions within the competence of the authorities of that territory; b) persons designated by him to assist his delegates on issues interesting territories which do not govern themselves.

4. in the case of a territory under the joint authority of two or more members, persons may be designated to assist the delegates of these members.
5. the members undertake to designate the delegates and no Government advisers agreed with the organizations most representative of employers or workers in the country, under the reservation of such organizations exist.
6. the technical advisers will be allowed to speak on the request made by the delegate to which they are Assistant and with the special permission of the President of the Conference; they cannot take part in the votes.
7. a delegate may, by a written note to the President, designate one of its technical advisers as his Deputy, and Deputy said, in that capacity, will be able to take part in the deliberations and voting.
8. the names of the delegates and their advisers will be communicated to the international labour office by the Government of each Member.
9. the powers of delegates and their advisers will be subject to verification of the Conference, which may, by a majority of two thirds of the votes cast by the delegates present, refuse to admit any delegate or any technical advisor that she won't judge have been appointed in accordance with the terms of this article.

Art. 4-1. Each delegate shall have the right to vote individually on all matters submitted to the deliberations of the Conference.
2. in case a member does not appoint one of the non-government delegates to which he is entitled, the other non-government delegate shall have the right to participate in the discussions of the Conference, but will not have the right to vote.
3. in the event that the Conference, under the powers conferred on him by art. 3, would refuse to admit one of the delegates of one of the members, the provisions of this section will be applied as if the delegate said had not been designated.

Art. 5. the sessions of the Conference will be held, subject to any decision that could have done the Conference itself at a previous meeting, at a location determined by the Board of Directors.

Art. 6. any change in the seat of the international labour office will be decided by the Conference by a majority of two thirds of the votes cast by the delegates present.

Art. 7-1. The Board of Directors will consist of fifty-six people: twenty-eight representing Governments, fourteen representing the employers and fourteen representing workers.

2. on twenty-eight persons representing Governments, ten will be appointed by the members which is the most significant industrial importance and eighteen will be appointed by the members appointed for this purpose by the Government delegates at the Conference, excluding the delegates of the ten members mentioned above. …

3. the Board of Directors will determine, whenever it is necessary, what are the members with the most considerable industrial importance and will establish rules to ensure the review by an impartial Committee, all questions relating to the designation of the members with the most considerable industrial importance until the Board takes a decision in this regard. Any appeal by a member against the declaration of the Board of Directors stopping what members having the most considerable industrial importance are to be decided by the Conference, but an appeal to the Conference will not suspend the implementation of the declaration as long as the Conference will be pending.
4 persons representing the employers and workers representatives shall be elected respectively by representatives of employers and workers to the Conference delegates. …
5. the Council will be renewed every three years. If for any reason, the elections to the Board of directors do not have place at the expiration of this period, the Board of Directors will remain in office until they conduct these elections.
6. how to fill in the vacancies, the designation of alternates and other similar issues will be resolved by the Board subject to the approval of the Conference.
7. the Board of Directors will elect in its midst a Chair and two Vice-Chairs. Among these three people will be a person representing a Government, and the other two will be respectively the people representing employers and workers.
8. the Board shall establish its rules and shall meet at such times as it will fix itself. A special session should be held whenever sixteen members of the Council have made a written request to this effect.

New number according to art. 1 of the Instrument for the amendment of the Constitution of the international organization of the work of June 22, 1972, in force for Switzerland since Nov. 1. 1974 (1976 661 RO).
New number according to art. 1 of the Instrument for the amendment of the Constitution of the international organization of the work of June 22, 1972, in force for Switzerland since Nov. 1. 1974 (1976 661 RO).
New number according to art. 1 of the Instrument for the amendment of the Constitution of the international organization of the work of June 22, 1972, in force for Switzerland since Nov. 1. 1974 (1976 661 RO).
New number according to art. 1 of the Instrument for the amendment of the Constitution of the international organization of the work of June 22, 1972, in force for Switzerland since Nov. 1. 1974 (1976 661 RO).
New number according to art. 1 of the Instrument for the amendment of the Constitution of the international organization of the work of June 22, 1972, in force for Switzerland since Nov. 1. 1974 (1976 661 RO).
New number according to art. 1 of the Instrument for the amendment of the Constitution of the International Labour Organization from June 25, 1953, in force for Switzerland since May 25, 1954 (1954 RO 581 582; FF 1953 III 132).
New number according to art. 1 of the Instrument for the amendment of the Constitution of the international organization of the work of June 22, 1972, in force for Switzerland since Nov. 1. 1974 (1976 661 RO).
New number according to art. 1 of the Instrument for the amendment of the Constitution of the International Labour Organization from June 25, 1953, in force for Switzerland since May 25, 1954 (1954 RO 581 582; FF 1953 III 132).
Last sentence repealed by art. 2 of the Instrument for the amendment of the Constitution of the International Labour Organization of June 25, 1953, with effect from May 25, 1954 (RO 1954 581; FF 1953 III 132).
Last sentence repealed by art. let 1(d) of the Instrument for the amendment of the Constitution of the international organization of the work of June 25, 1962, with effect from Oct. 14. 1963 (1963 847 RO; FF 1963 I 516).
New number according to art. 1 of the Instrument for the amendment of the Constitution of the International Labour Organization from June 25, 1953, in force for Switzerland since May 25, 1954 (1954 RO 581 582; FF 1953 III 132).

Art. 8-1. An Executive Director will be placed at the head of the international Labour Office; He will be appointed by the Board of Directors that he will receive his instructions and with regard to which it will be responsible for the good the desktop market will as well as the delivery of all other tasks that could be entrusted.
2. the Director-general or his Deputy will attend all meetings of the Board of Directors.

Art. 9-1. The staff of the international labour office will be chosen by the Director general in accordance with the rules approved by the Board of Directors.
2. the choice made by the Director-general should be, to the extent compatible with the desire to get the best return on people of different nationalities.
3. a number of these people will have to be women.
4. the functions of the Executive Director and staff will be exclusively international in character. In the performance of their duties, the Director-general and the staff don't solicit nor will not accept instructions from any Government or from any authority outside the organization. They will refrain from any action incompatible with international officials, who are responsible only to the organization.
5. each Member of the Organization undertakes to respect the exclusively international character of the functions of the Executive Director and staff and not to seek to influence them in the performance of their tasks.

Art. 10-1. The functions of the international labour office will include the centralization and distribution of all information concerning the international regulation of the status of workers and of the plan of work and, in particular, the study of questions proposed to submit to the discussions of the Conference with a view to the conclusion of international agreements, as well as the execution of all special investigations prescribed by the Conference or by the governing body.
((2. subject to the directives that might give the Board of Directors, the Office: a) prepare documentation on the various items on the agenda of the sessions of the Conference; b) will provide Governments, at their request and to the extent resources permit, any appropriate help for the development of the legislation on the basis of the decisions of the Conference ((, as well as for the improvement of the administrative practice and inspection systems; c) will carry out, in accordance with the provisions of this Constitution, duties imposed in what concerns the effective observation of conventions; d) will draft and will be published in such languages, the Board of Directors deems appropriate publications dealing with industry and labor issues that are of international interest.

3. as a general rule, it will be all other powers and duties as the Conference or the governing body will judge about her award.

Art. 11. the ministries of the Member dealing with labour issues will be able to communicate directly with the Director-general through the representative of their Government on the Board of Directors of the international Bureau to work, or, failing such representative, through such other officer duly qualified and designated for this purpose by the Government concerned.

Art. 12-1. The International Labour Organization will work under the present Constitution, with any general international organization responsible for coordinating the activities of organizations of public international law with specialized tasks and with organizations of public international law with expertise in related areas tasks.
2. the International Labour Organization may make appropriate arrangements for representatives of public international law organizations participate, without the right to vote, in its deliberations.
3. the International Labour Organization may take all useful measures to consult, as it seem to him desirable, recognized non-governmental international organizations, including international organizations of employers, workers, farmers and cooperators.

Art. 13-1. The International Labour Organization may enter into with United Nations such financial and budgetary arrangements that would seem appropriate.
2. pending the conclusion of such arrangements, or if, at any time, it is not which are in effect:

(a) each of the members will pay the travel and living expenses of its delegates and their advisers, as well as its representatives taking part in the sessions of the Conference and the governing body as the case; b all other costs of the international labour office, sessions of the Conference or of the Board of Directors will be paid by the Director-General of the international Bureau to work on the general budget of the International Labour Organization; c) the provisions relating to the approval of the budget of the international organization of work, as well as to the base and the collection of contributions, will be decided by the Conference by a majority of two thirds of the votes cast by the delegates present, and include that budget and arrangements for the allocation of expenses among members of the Organization will be approved by a Committee of government representatives.

3. the International Labour Organization costs will be charged to the members, in accordance with the arrangements in force in virtue of by. 1 or by. 2, c) of this article.
4. a member of the United Nations in arrears in the payment of its contribution to the expenses of the organization may participate in the vote of the Conference, the governing body, in any Committee, or in the elections of members of the Board of Directors, if the amount of its arrears is equal to or greater than the contribution by him for the full two years passed. The Conference may by a majority vote of two thirds of the votes cast by the delegates present allow this member to participate in the vote if it finds that the failure is due to circumstances beyond his will.
5. the Director-general of the international labour office is responsible to the Board of Directors for the use of funds from the International Labour Organization.

Chapter II operation art. 14-1. The Board of Directors shall establish the agenda of the sessions of the conference after reviewing all proposals made by the Government of one of the members, by any representative organization referred to in art. 3, or by any organization of public international law, about the materials to be put on the agenda.
2. the Board of Directors will establish rules to ensure a serious technical preparation and consultation appropriate of the members primarily concerned, by a preparatory technical conference or by any other means, prior to the adoption of a convention or recommendation by the Conference.

Art. 15-1. The Director general will fill the functions of Secretary-General of the Conference, and will send the agenda of each session, four months before the opening of this session, each of the members, and, through them, delegates not Government, when these last designated.
2. the reports on each of the points on the agenda will be transmitted so as to reach members in time to allow them to review appropriate to these reports before the Conference. The Governing Council will formulate rules that take effect to this provision.

Art. 16-1. Each of the Governments of the members shall have the right to contest the entry, to the order of the day of the session, one or more of the planned topics. The reasons for this opposition should be exposed in a submission to the Director general, who shall communicate it to the members of the organization.
2. the subjects to which it will have been done opposition will remain included in the agenda if the Conference so decides by a majority of two thirds of the votes cast by the delegates present.
3. any question about which the Conference decides, by the same majority of two-thirds, it must be considered (otherwise than provided for in the previous paragraph) will be brought to the agenda of the next session.

Art. 17-1. The Conference will elect a president and three vice-presidents. The three vice-presidents will be respectively a Government delegate, a delegate from employers and a representative of workers. The Conference will formulate the rules of its functioning; She may also appoint commissions to present reports on all issues that it deems to have to put in the study.
2. a simple majority of the votes cast by the members of the Conference will decide in all cases where a majority is not specifically planned by other articles of this Constitution or any agreement or other instrument conferring powers at the Conference or by financial or budgetary arrangements adopted under art. 13 3. No vote is acquired if the number of votes cast is less than half the number of delegates present at the session.

Art. 18. the Conference will be able to add to the commissions that it constitutes technical advisers who will not see deliberative.

Art. 19-1. If the Conference is in favour the adoption of proposals for an object to the order of the day, it will have to determine whether these proposals should take the form: a) of an international convention; b) or even a recommendation, when the treated object or one of its aspects does not lend itself to the immediate adoption of a convention.

2. in both cases, so that a convention or a recommendation will be adopted by the Conference to the final vote, a majority of two-thirds of the votes of delegates present is required.
3. in forming a convention or recommendation of general application, the Conference should have regard to the countries in which climate, the incomplete development of industrial organization, or other special circumstances make the essentially different conditions of the industry, and it will have to suggest such changes it would consider as being necessary to meet the circumstances of these countries.
4. two copies of the convention or recommendation shall be signed by the President of the Conference and by the Director general. One of these copies shall be deposited in the archives of the international labour office and the other in the hands of the Secretary-General of the United Nations. The Director general shall communicate a certified copy of the convention or recommendation to each Member.
((5 in the case of a convention: a) the convention shall be communicated to all members for ratification by them; b) each of the members undertakes to submit within a period of one year from the close of the session of the Conference (or, if as a result of exceptional circumstances, it is impossible to proceed within a period of one year (as soon as possible, but never more than 18 months after the closing of the session of the Conference), the convention authority or authorities in the jurisdiction of which returns matter, with a view to transform it into law or to take measures of a different nature; c) members will inform the Director-general of the international Labour Office of the measures taken under this section ((to submit the convention to the authority or authorities, by providing all information to the authority or authorities regarded as competent, and decisions; d) the Member who has obtained the consent of the authority or the competent authorities shall communicate its formal ratification of the convention to the Director-general and will take such steps that will be necessary to make effective the provisions of the convention; e) If a convention does not obtain the consent of the authority or authorities in the jurisdiction of which back the material, the Member will be subject to no further obligation, except that it shall report to the Director-general of the international Bureau of labor, at times appropriate, depending on what decisions the Council of Directors, on the State of its law and practice concerning the question that is the subject of the convention, including extent given suite, or is proposed to carry out any provision of the convention by legislation, by administrative means, by means of collective agreements or by any other means, and outlining what difficulties prevent or delay the ratification of such a convention.

6. in the case of a recommendation:

((a) the recommendation will be communicated to all members for review, to make him wear effect in the form of national legislation or otherwise; b) each of the members undertakes to submit within a period of one year from the close of the session of the Conference (or, if as a result of exceptional circumstances, it is impossible to proceed within the period of a year (as soon as possible, but never more than 18 months after the closing of the session of the Conference), the recommendation to the authority or the authorities in the jurisdiction of which returns matter, with a view to transform it into law or to take measures of a different nature; c) members will inform the Director-general of the international Bureau for the work of the measures taken (, under this section, to submit the recommendation to the authority or to the competent authorities, by providing all information on the authority or authorities regarded as competent, and decisions; d) except the obligation to submit the recommendation to the authority or authorities, members will be subject to no further obligation, except that they will have to report to Executive Director of the international labour , at appropriate times, depending on what decisions the Council of Directors on the State of their legislation and their practice on the question which is the subject of recommendation stating how you acted or is proposed to give effect to all provisions of the recommendation and indicating the amendments of those provisions which appear to be or may be necessary to enable them to adopt or apply it.

7. where there is a federal State, the following provisions shall apply: a) in respect of conventions and recommendations which the federal Government considers that, according its constitutional system, a federal action is appropriate, the obligations of the Federal State will be the same as those of the members who are not federal States; b) in respect of conventions and recommendations which the federal Government considers that (according to its constitutional system, action by the constituent States, provinces or cantons is, on all points or on certain points, more appropriate that federal action, the Government should: I) conclude, in accordance with its constitution and the constitutions of the constituent States, provinces or cantons concerned, effective arrangements to ensure that these conventions or recommendations are at the latest within 18 months following the close of the session of the Conference, submitted to the appropriate federal authorities, or those of the constituent States, provinces or cantons for legislative action or any other action; II) take measures, subject to the agreement of the Governments of the constituent States, provinces or cantons concerned (, to establish regular consultations between federal authorities on the one hand and the authorities of the constituent States, provinces or cantons on the other hand, to develop within the Federal State coordinated action designed to give effect to the provisions of these conventions and recommendations; III) inform the Director-general of the international Labour Office of the measures taken under this section to submit the conventions and recommendations to the appropriate federal authorities (, the constituent States, provinces or cantons, by providing all information on the authorities regarded as appropriate and decisions; IV) to about each of these conventions it has not ratified, report to Executive Director of the international Bureau of labor, at intervals of time appropriate, depending on what decisions the Council of Directors on the State of the legislation and practice of the federation and the States constituent provinces or cantons on the question which is the subject of the convention, as well as how it was given or is proposed to give effect to the provisions of the convention by legislation, by administrative means, by means of collective agreements or by any other means; (V) about each of these recommendations, to report to the Director-general of the international Bureau of labor, at appropriate intervals, according to what will decide the Board of Directors on the State of the law and practice of the federation and its constituent States, its provinces or its townships on the issue that is the subject of the recommendation , specifying how it was given or is proposed to give effect to the provisions of the recommendation and indicating what changes to these provisions seem to be or may be necessary to adopt them or apply them.

8. in any case, the adoption of a convention or recommendation by the Conference, or the ratification of a convention by a member will be considered as affecting any law, any award, any custom or any agreement providing for more favourable conditions to the workers concerned than those provided for by the convention or the recommendation.

Art. 20. any convention so ratified shall be communicated by the Director general of the international labour office to the Secretary-General of the United Nations, for registration in accordance with the provisions of art. 102 of the Charter of the United Nations, but will only bind the members that have ratified it.

Art. 21-1. Any project which, in the final vote on the whole, will not collect the 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 desire.
2. any agreement so entered into shall be communicated by the Governments concerned to the Director-general of the international labour office and the Secretary-General of the United Nations, for registration in accordance with the provisions of art. 102 of the Charter of the United Nations.

Art. 22 any of the members undertakes to present an annual report on the measures taken by him to implement the conventions to which it has acceded to the international labour office. These reports will be written in the form specified by the Board of Directors and must contain the details requested by the latter.

Art. 23 1. The Director-general will present to the next session of the Conference a summary of the information and reports that provided it by members in application of art. 19 and 22.
2. each Member shall communicate to such recognized representative organizations for the purposes of art. 3, copy of the information and reports to the Director general in application of art. 19 and 22.

Art. 24. any complaint addressed to the international Bureau of labor by a professional employee organization or employers, and under which one any members would have not provided satisfactory execution of a convention to which the member joined, can be sent by the Board of Directors to the Government concerned and this Government may be invited to make such declaration that it deems appropriate on the matter.

Art. 25 if no statement is received from the Government concerned within a reasonable time, or if the received statement seems not satisfactory to the Board of Directors, it will have the right to make public the claim received and, if applicable, response.

Art. 26-1. Each Member may file a complaint with the international labour office against another Member which, in its view, would not satisfactorily ensure the performance of an agreement that one and the other would have ratified under the preceding articles.
2. the Board may, if it thinks fit, and before you enter a fact-finding Commission according to the procedure indicated below, get in touch with the Government in question as described in art. 24 3. If the Board of Directors considers it not necessary to communicate the complaint to the Government in question, or if such communication was made, no response having satisfied the Board of Directors has been received within a reasonable time, the Board may form a Commission of inquiry which will study the issue and file a report on this subject.
4. the same procedure may be initiated by the Council, either ex officio or on a complaint from a delegate to the Conference.
5. when a question raised by the application of art. 25 or 26 will come before the Board, the Government concerned, if not already, there is a representative on the Board of Directors, shall have the right to designate a representative to take part in the deliberations of the Council relating to this case. The date at which these discussions should take place will be notified in due time to the Government concerned.

Art. 27. in the event that a complaint would be referred, under art. 26, before a Committee of inquiry, each of the members, that he whether or not directly interested in the complaint, agrees to make available to the Commission any information that would be in his possession relatively to the object of the complaint.

Art. 28


The Commission of inquiry, after a review in-depth the complaint, will draft a report in which it shall record its views on all the points of fact to clarify the scope of the challenge, as well as recommendations that she'll have to make regarding the measures to be taken to give satisfaction to the Government complaining and as to the time in which these steps should be taken.

Art. 29 1. The Director general of the international labour office shall communicate the report of the Commission of inquiry to the governing body and to each of the Governments concerned in the dispute, and will ensure the publication.
2. each of the Governments concerned will mean to the Director general of the international Bureau of the work within the period of three months, whether or not it accepts the recommendations contained in the report of the Commission and, in the case where it does not accept them, if he wants to submit the dispute to the International Court of Justice.

Art. 30 in the case where one of the members would not take, relatively to a convention or a recommendation, the measures prescribed in the by. ((5 (b), 6 b) or 7B)) art. 19 any other Member shall have the right to refer to the Board of Directors. In case the Board of Directors would find that the Member took no measures are in place, he will report to the Conference.

Art. 31. the decision of the International Court of Justice on a complaint or a question which has been referred in accordance with art. 29 would not be subject to appeal.

Art. 32. the conclusions or recommendations of the Commission of inquiry can be confirmed, amended or cancelled by the International Court of Justice.

Art. 33. If a member any does not comply within the time prescribed in the recommendations contained in the report of the Commission of inquiry, either in the decision of the International Court of Justice, as the case may be, the Board of Directors may recommend to the Conference such action to him be published timely to ensure the execution of these recommendations.

Art. 34. the Government at fault may, at any time, inform the Board of Directors that he took the necessary steps to comply, either to the recommendations of the Commission of inquiry, or to those contained in the decision of the International Court of Justice, and can ask him to set up a Commission of inquiry to verify its claim. In this case, the provisions of the art. 27, 28-29, 31 and 32 apply, and if the report of the Commission of inquiry or the decision of the International Court of Justice are favourable to the Government who was at fault, the Board of Directors shall immediately recommend that the measures taken in accordance with art. 33 are reported.

Chapter III requirements General art. 35 1. Members undertake to apply the conventions which they have ratified, in accordance with the provisions of this Constitution, to non-metropolitan territories they are international relations, including all territories under guardianship for which they would be the authority responsible for the administration, unless the issues addressed by the convention fall within the competence of the authorities of the territory , or that the convention could be rendered inapplicable by local conditions, or under the modifications that would be necessary to adapt the Convention to local conditions.
2. each Member which ratifies a convention shall, within the shortest possible period after ratification communicate to the Director-general of the international labour office a statement making known, in what concerns the territories other than those in question to the by. 4 and 5 below, how it undertakes that the provisions of the convention are implemented, and giving all the information prescribed by the convention.
3. each Member which has communicated a declaration under the preceding paragraph may periodically communicate, in accordance with the terms of the convention, a new declaration modifying the terms of any prior statement and making known the status of the territories referred to in the above paragraph.
4. when the issues addressed by the convention are the scope of the competence of the authorities of a non-metropolitan territory, the Member responsible for the international relations of that territory shall communicate in the shortest time possible the convention the Government of that territory, so that the Government can enact legislation or take other measures. Subsequently, the Member, in agreement with the Government of Nunavut, may communicate to the Director-general of the international labour office a declaration of acceptance of the obligations of the agreement on behalf of that territory.
5. a declaration of acceptance of the obligations of a convention may be communicated to the Director-general of the international labour office.
((a) by two or more members of the Organization for a territory placed under their joint authority; b) by any international authority responsible for the administration of a territory under the provisions of the Charter of the United Nations or of any other provision in force with respect to that territory.

6. acceptance of the obligations of a convention in virtue of by. 4 and 5 shall include the acceptance, on behalf of the territory concerned, the obligations arising from the terms of the convention and the obligations which, under the terms of the Constitution of the Organization, apply to ratified conventions. Any statement of acceptance may specify changes to the provisions of the convention that would be necessary to adapt the convention to local conditions.
7. each Member or international authority which has communicated a declaration in virtue of by. 4 and 5 of this article may periodically communicate, in accordance with the terms of the convention, a new declaration modifying the terms of any prior statement or denouncing the acceptance of the obligations of any convention on behalf of the interested territory.
8. If the obligations of a convention are not accepted in the name of a territory covered by the by. 4 or 5 of this article, the Member, members or international authority will report to the Director-general of the international Bureau work on the legislation and practice of this territory with respect to the issues addressed in the convention, and the report will show to what extent it has been or will be given effect to any provision of the convention by legislation, administrative action, collective agreements or any other measures, and report more declare the difficulties which prevent or delay the acceptance of this agreement.

Art. 36. the amendments to the Constitution adopted by the Conference by a majority of two thirds of the votes cast by the delegates present will come into force when they have been 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 having industrial importance the more considerable, in accordance with the provisions of the by. 3 of art. 7 of this Constitution.

New number according to art. 1 of the Instrument for the amendment of the Constitution of the International Labour Organization from June 25, 1953, in force for Switzerland since May 25, 1954 (1954 RO 581 582; FF 1953 III 132).

Art. 37 1. Any questions or difficulties with the interpretation of this Constitution and later member, under the said Constitution, treaties will be submitted to the appreciation of the International Court of Justice.
2. Notwithstanding the provisions of the by. 1 of this article, the Board of Directors will be able to formulate and submit to the Conference for approval of the rules for the establishment of a court for the prompt resolution of any question or problem related to the interpretation of a convention, which may be brought before the Court by the Board of directors or in accordance with the terms of the convention. All judgments and advisory opinions of the International Court of Justice bind any tribunal established under this subsection. Whole sentence passed by such a tribunal shall be communicated to the members of the Organization and any of these will be presented at the Conference.

Art. 38 1. The International Labour Organization may convene such regional conferences and establish such regional institutions as he may be deemed useful to achieve the goals and objectives of the organization.
2. the powers, functions and procedure of regional conferences shall be governed by rules made by the Board of Directors and presented by him to the General Conference for confirmation.

Chapter IV measures various art. 39. the International Labour Organisation must have legal personality; She has, including the ability: has) contract; b) to acquire property and personal property, to dispose of these assets; c) to institute legal proceedings.

Art. 40 1. The International Labour Organization enjoys on the territory of each of its members, privileges and immunities that are necessary to achieve its goals.

2. delegates to the Conference, members of the Board of Directors as well as the Director-general and the staff of the Office also the privileges and immunities that they need to exercise their functions in relation to the Organization independently, enjoy.
3. these privileges and immunities will be specified in a separate agreement to be prepared by the Organization for its acceptance by Member States.

Annex Declaration concerning the aims and objectives of the International Labour Organization.

The General Conference of the international organization work together in Philadelphia in its twenty-sixth session, adopts, this tenth day of May 1944, presents the statement of goals and objectives of the international organization of work, as well as of the principles which should follow the policy of its members.
I the Conference reiterates the fundamental principles on which is based the Organization, including: a) labour is not a commodity; b) freedom of expression and association is a prerequisite for sustained progress; c) poverty, wherever it exists, constitutes a danger to prosperity for all; d) the war against want must be carried out with tireless energy within each nation , and by continuous and concerted international effort in which the representatives of workers and employers, cooperating on equal footing with those of Governments, participate in free discussions and democratic decisions to promote the common good.

HE convinced that experience has fully demonstrated the correctness of the statement in the Constitution of the International Labour Organization, and that a lasting peace can be established only on the basis of social justice, the conference affirms that: has) all human beings human, whatever their race, their beliefs or sex, have the right to pursue their material progress and their spiritual development in freedom and dignity (, in economic security and opportunity equal; b) the fulfilment of the conditions to achieve this must constitute the central aim of national and international policy; c) all programmes of action and measures taken on the national and international level, including in the economic and financial, should be appreciated from this point of view and accepted only insofar as they appear likely to promote ((, and not to hinder the achievement of this fundamental objective; d) it is the responsibility of the International Labour Organization to examine and consider in the light of this fundamental objective, in the international field all programmes of action and measures economic and financial; e) in fulfilling the tasks entrusted to him, organizing international-international management work, after having taken into account all relevant financial and economic factors quality to include in its decisions and recommendations any provisions it deems appropriate.

III. the Conference recognizes the solemn obligation of the International Labour Organization to assist the implementation, among the different nations of the world, programs specific to achieve: a) the fullness of employment and standards of living rise; b) the employment of workers in occupations where they bring out the best of their ability and their knowledge and satisfaction of best contribute to the common good; c) for this purpose (, the implementation, with adequate guarantees for all concerned to opportunities for training and means to facilitate the transfer of workers, including the migration of labour and settlers; d) the possibility for all to a fair participation in the fruits of progress on wages and earnings, hours of work and other conditions of work ((, and a minimum wage that is vital for all those who have a job and are in need of such protection; e) the effective recognition of the right to collective bargaining and cooperation of employers and labour to improve continuous organization of production, and the collaboration of workers and employers in the development and application of social and economic policy; f) the extension of the social security measures to provide a basic income to all those who are in need of such protection, and medical care complete; g) adequate protection of life and health of workers in all occupations; h) the protection of childhood and motherhood; i) an adequate supply, housing, and recreation and culture means; j) the guarantee of equal opportunity in educational and professional.

IV. convinced that fuller and use wider of the productive resources of the world, necessary to the accomplishment of the objectives listed in this statement, can be ensured by an effective national and international action, and notably by measures to promote the expansion of production and consumption, to avoid serious economic fluctuations, to realize the advancement of regions whose development is little advanced economic and social to ensure greater stability of world prices of the raw materials and commodities, and to promote international trade of volume high and constant, the Conference promises full cooperation from the International Labour Organization with all international organizations which can be given a share of responsibility in this great task, as well as in improving the health, education and well-being of all peoples.
V. the Conference affirms that the principles set out in this statement are fully applicable to all peoples of the world, and that if, in the modalities of their application, it must be duly taken into account the degree of social and economic development of each people, their progressive application to peoples who are still dependent, as well as for those who have reached the stage where they govern themselves interested in all of the civilized world.
The foregoing is the authentic text of the instrument of amendment to the Constitution of the International Labour Organization, 1946, nine hundred and forty-six duly adopted by the General Conference of the International Labour Organization on nine mil October, during its twenty-ninth session, which was held in Montreal.
The French and English versions of the text of this instrument of amendment are equally authentic.
In faith what have affixed their signatures, this first day of November 1946.

State may 9, 2012 list of members of the organization may 9, 2012 member since 1934 Afghanistan Africa of the South 1919 to 1966 and since 1994 Albania 1920 to 1967 and since 1991 Algeria 1962 Germany 1919 to 1935 and since 1951 Angola 1976 Antigua and Barbuda 1982 Saudi Arabia 1976 Argentina 1919 Armenia 1992 Australia 1919 Austria 1919 to 1938 and since 1947 Azerbaijan 1992 Bahamas 1976 Bahrain 1977 Bangladesh 1972 Barbados 1967 Belarus 1954 Belgium 1919 Belize 1981 Benin

1960 Bhutan 1971 Bolivia 1919 Bosnia and Herzegovina 1993 Botswana 1978 Brazil 1919 Bulgaria 1920 Burkina Faso 1960 Burundi 1963 Cambodia 1969 Cameroon 1960 Canada 1919 Cape Verde 1979 Republic Central African 1960 Chile 1919 China 1919 Cyprus 1960 Colombia 1920 Comoros 1978 Congo (Brazzaville) Congo 1960 (Kinshasa) 1960 Korea (South) 1991 Costa Rica 1920 to 1927 and from 1944 side of ivory 1960 Croatia 1992 Cuba 1919 Denmark 1920 Djibouti 1978 Dominican Republic Dominique 1982 Egypt 1936 El El Salvador 1920 1924 to 1939 and since 1948 Arab Emirates Ecuador Eritrea 1993 Spain 1920 to 1941 1934 1972 and since 1956 Estonia 1992 United States of America 1934 to 1977 and since 1980 Ethiopia 1923 Fiji 1974 Finland 1920 France 1919 Gabon 1960 Gambia 1995 Georgia 1993 Ghana 1957 Greece 1919 Granada 1979 Guatemala 1919 to 1938 and since 1945 Guinea 1959 Guinea-Bissau 1977 Equatorial Guinea 1981 Guyana 1966 Haiti 1919 Honduras 1919 to 1938 and since Hungary 1922 Islands Marshall 3 July 1955 2007 Islands Solomon 1984 India 1919 Indonesia 1950 Iraq 1932 Iran 1919 Ireland 1923 Iceland 1945 Israel 1949 Italy 1919 to 1939 and since 1945 Jamaica 1962 Japan 1919 to 1940 and since 1951 Jordan 1956 Kazakhstan 1993 Kenya 1964 Kyrgyzstan 1992 Kiribati 2000 Kuwait 1961 Laos 1964 Lesotho 1966 to 1971 and from 1980 Latvia 1991 Lebanon 1948 Liberia 1919 Libya 1952 Lithuania 1991 Luxembourg 1920 Macedonia 1993 Madagascar 1960 Malaysia 1957 Malawi 1965 Maldives may 15 2009 Mali

1960 Malta 1965 Morocco 1956 Maurice 1969 Mauritania 1961 Mexico 1931 Moldova 1992 Mongolia 1968 Montenegro 14 July 2006 Mozambique 1976 Myanmar 1948 Namibia 1978 Nepal 1966 Nicaragua 1919 to 1938 and since 1957 Niger 1961 Nigeria 1960 Norway 1919 New Zealand 1919 Oman 1994 Uganda 1963 Uzbekistan 1992 Pakistan 1947 Panama 1919 Papua New Guinea 1976 Paraguay 1919 to 1937 and since 1956 Netherlands 1919 Peru 1919 Philippines 1948 Poland 1919 Portugal 1919 Qatar 1972 Romania 1919-1942 and since 1956

United Kingdom 1919 Russia 1934-1940 and since 1954 Rwanda 1962 Saint-Kitts-and-Nevis 1996 St. Lucia


1980 San Marino 1982 Saint Vincent and the Grenadines 1995 Samoa 11 March 2005 Sao Tome and Principe 1982 Senegal 1960 Serbia 1919 to 1949 and since 1951 Seychelles 1977 Sierra Leone 1961 Singapore 1965 Slovakia 1993 Slovenia 1992 Somalia 1960 Sudan 1956 Sri Lanka 1948 Sweden 1919 Switzerland 1920 Surinam 1976 Swaziland 1975 Syria 1947 Tajikistan 1993 Tanzania 1962 Chad 1960 Czech Republic 1993 Thailand 1919 Timor-Leste August 19 2003 Togo 1960 Trinidad and Tobago 1963 Tunisia 1956 Turkmenistan 1993 Turkey 1932 Tuvalu 27 May 2008 Ukraine

1954 Uruguay 1919 Vanuatu May 22, 2003 Venezuela 1920 to 1957 and since 1958 Viet Nam 1950 to 1976 and from 1980 to 1985 and since 1992 Yemen 1965 1964 Zambia Zimbabwe 1980 RO 1948 891; FF 1947 I 661 RO 1948 889 RO 1973 1623, 1976 1526, 1981 1240, 1985 280, 2002 474 and 2012 3049. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).

State may 9, 2012

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