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RS 0.820.1 Constitution of the International Labour Organization, 28 June 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

Original text

Constitution of the International Labour Organization of 28 June 1919

(New Instrument for the Amendment of the Constitution of the International Labour Organization of 9 October 1946)

Signed at Montreal on October 9, 1946
Approved by the Federal Assembly on March 26, 1947 1
Entered into force on 20 April 1948

(State on 9 May 2012)

Preamble

Whereas a universal and lasting peace can only be based on the basis of social justice;

Expected that there are working conditions involving a large number of people injustice, misery and deprivation, which leads to such discontent that universal peace and harmony are put at risk, and expected to be The urgent need to improve these conditions: for example, with regard to the regulation of working hours, the fixing of the maximum duration of the day and the working week, the recruitment of labour, the fight against unemployment, the Guarantee of a salary ensuring adequate living conditions, protection of the Workers against general or occupational diseases and accidents resulting from work, the protection of children, adolescents and women, old-age and invalidity pensions, the defence of the interests of workers employed in Abroad, the affirmation of the principle of equal work, equal pay, affirmation of the principle of freedom of association, the organisation of vocational and technical education and other similar measures;

Expected that the non-adoption by any nation of a truly human labour regime is an obstacle to the efforts of other nations wishing to improve the lot of workers in their own countries;

The High Contracting Parties , driven by feelings of justice and humanity as well as the desire to ensure a lasting world peace, and in pursuit of the goals set out in this preamble, approve this Constitution of the International Labour Organization:

Chapter I Organization

Art. 1

1. It is based on a permanent organization to work on the programme set out in the preamble to this Constitution and in the Declaration on the Goals and Objectives of the International Labour Organization, which Adopted in Philadelphia on 10 May 1944, the text of which is appended to this Constitution.

2. The Members of the International Labour Organization shall be the States which were Members of the Organization at 1 Er November 1945 and any other States that would become Members in accordance with the provisions of s. 3 and 4 of this article.

3. Any Member from the United Nations and any State admitted as a Member of the United Nations by decision of the General Assembly in accordance with the provisions of the Charter may become a Member of the International Labour Organization in Transmitting to the Director-General of the International Labour Office his formal acceptance of the obligations under the Constitution of the International Labour Organization.

4. The General Conference of the International Labour Organization may also admit Members to the Organization by a two-thirds majority of the delegates present at the session, including two-thirds of the government delegates present And voting. Such admission shall become effective when the Government of the new Member has communicated to the Director General of the International Labour Office its formal acceptance of the obligations arising from the establishment of the Organization.

5. No Member of the International Labour Organisation may withdraw without giving notice of its intention to the Director General of the International Labour Office. Such notice shall be effective two years after the date of its receipt by the Director General, provided that the Member has at that date fulfilled all financial obligations resulting from its membership. When a Member has ratified an International Labour Convention, such withdrawal shall not affect the validity, for the period provided for by the Convention, of the obligations arising out of or relating to the Convention.

6. In the event that a State has ceased to be a Member of the Organisation, its readmission as a Member shall be governed by the provisions of subs. 3 or 4 of this article.

Art. 2

The Permanent Organization will include:

(a)
A General Conference of Members' Representatives;
(b)
A Board of Directors composed as referred to in s. 7;
(c)
An International Labour Office under the direction of the Board of Directors.
Art. 3

The General Conference of Representatives of Members shall hold sessions whenever necessary and at least once a year. It will be made up of four representatives from each of the Members, two of whom will be government delegates and the other two will represent, respectively, the employers, on the other, the workers who are nationals of each of the Members.

2. Each delegate may be accompanied by technical advisers whose number may be two or more for each of the separate subjects on the agenda of the session. When issues of particular interest to women are to be discussed at the Conference, at least one of those designated as technical advisers should be a woman.

3. Any Member responsible for international relations of non-metropolitan areas may designate as additional technical advisers to accompany each of these delegates:

(a)
Persons designated by him as representatives of such territory for certain matters falling within the jurisdiction of the authorities of that territory;
(b)
Persons designated by him to assist his delegates with respect to matters of interest to territories that do not govern themselves.

4. If it is a territory under the joint authority of two or more Members, persons may be designated to assist the delegates of these Members.

5. Members undertake to designate non-governmental representatives and technical advisors in agreement with the most representative professional organizations, either employers or workers of the country concerned, subject to the reservation that Such organizations exist.

6. The technical advisers shall be allowed to take the floor only on the request made by the delegate to which they are assistants and with the special authorization of the President of the Conference; they shall not be allowed to take part in the votes.

7. A delegate may, by written note addressed to the President, designate one of his technical advisers as his alternate, and the alternate, in that capacity, may take part in the deliberations and votes.

The names of the delegates and their technical advisers shall be communicated to the International Labour Office by the Government of each Member.

The credentials of the delegates and their technical advisers shall be subject to the verification of the Conference, which may, by a two-thirds majority of the votes cast by the delegates present, refuse to admit any delegate or all Technical advisor that she will not be deemed to have been appointed in accordance with the terms of this section.

Art. 4

Each delegate shall have the right to vote individually on all matters referred to the proceedings of the Conference.

2. In the event that one of the Members has not appointed one of the non-governmental delegates to which he is entitled, the other non-governmental delegate shall have the right to participate in the discussions of the Conference, but shall not have the right to vote.

3. In the event that the Conference, by virtue of the powers conferred upon it by s. 3, would refuse to admit one of the delegates of one of the Members, the stipulations of this Article shall be applied as if that delegate had not been appointed.

Art. 5

The sessions of the Conference shall be held, subject to any decision taken by the Conference itself during a previous session, at the place fixed by the Governing Council.

Art. 6

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

Art. 7

The Board of Directors shall be composed of fifty-six 1 People:

Twenty-eight 2 Representing governments,
Fourteen 3 Representing employers and fourteen 4 Representing workers.

2. Of the twenty-eight 5 Persons representing governments, ten 6 Be appointed by Members with the greatest industrial importance and eighteen 7 Shall be appointed by the Members appointed for that purpose by the Government delegates to the Conference, excluding delegates of the ten 8 Members mentioned above. ... 9

The Governing Council shall determine, whenever appropriate, which Members have the greatest industrial importance and shall establish rules for the consideration by an impartial committee of all matters relating to the The designation of the Members with the greatest industrial importance before the Board of Directors makes a decision in this regard. Any appeal by a Member against the statement of the Governing Council laying down the Members having the greatest industrial importance shall be decided by the Conference, but an appeal to the Conference shall not Will not suspend the application of the declaration until the Conference has pronounced itself.

4. The persons representing the employers and the persons representing the workers shall be elected by the representatives of the employers and workers' delegates to the Conference. ... 10

The Council will be renewed every three years. If, for any reason, the elections to the Board of Directors are not held at the end of that period, the Governing Council shall remain in office until such time as the elections are held.

6. The manner of filling vacancies, the appointment of alternates and other matters of the same nature may be settled by the Council subject to the approval of the Conference.

7. The Board of Directors shall elect a Chairman and two Vice-Chairmen. One of these three persons will be a person representing a government, and the other two will be persons representing employers and workers respectively.

8. The Governing Council shall establish its Rules of Procedure and shall meet at such times as it shall fix itself. A special session shall be held whenever sixteen 11 Persons forming part of the Council shall have made a written request to that effect.


1 New number according to Art. 1 of the Instrument for Amendment of the Constitution of the International Labour Organization of 22 June 1972, in force for Switzerland since 1 Er Nov 1974 (RO 1976 661).
2 New number according to Art. 1 of the Instrument for Amendment of the Constitution of the International Labour Organization of 22 June 1972, in force for Switzerland since 1 Er Nov 1974 (RO 1976 661).
3 New number according to Art. 1 of the Instrument for Amendment of the Constitution of the International Labour Organization of 22 June 1972, in force for Switzerland since 1 Er Nov 1974 (RO 1976 661).
4 New number according to Art. 1 of the Instrument for Amendment of the Constitution of the International Labour Organization of 22 June 1972, in force for Switzerland since 1 Er Nov 1974 (RO 1976 661).
5 New number according to Art. 1 of the Instrument for Amendment of the Constitution of the International Labour Organization of 22 June 1972, in force for Switzerland since 1 Er Nov 1974 (RO 1976 661).
6 New number according to Art. 1 of the Instrument for the Amendment of the Constitution of the International Labour Organization of 25 June 1953, in force for Switzerland since 25 May 1954 (RO 1954 581 582; FF 1953 III 132).
7 New number according to Art. 1 of the Instrument for Amendment of the Constitution of the International Labour Organization of 22 June 1972, in force for Switzerland since 1 Er Nov 1974 (RO 1976 661).
8 New number according to Art. 1 of the Instrument for the Amendment of the Constitution of the International Labour Organization of 25 June 1953, in force for Switzerland since 25 May 1954 (RO 1954 581 582; FF 1953 III 132).
9 Last sentence repealed by Art. 2 of the Instrument for the Amendment of the Constitution of the International Labour Organization of 25 June 1953, with effect from 25 May 1954 (RO 1954 581; FF 1953 III 132).
10 Last sentence repealed by Art. 1 Er Et de l' Instrument pour l' amendment de la Constitution de l' Organisation internationale du Travail du 25 juin 1962, with effect from 14 oct. 1963 (RO 1963 847; FF 1963 I 516).
11 New number according to Art. 1 of the Instrument for the Amendment of the Constitution of the International Labour Organization of 25 June 1953, in force for Switzerland since 25 May 1954 (RO 1954 581 582; FF 1953 III 132).

Art. 8

1. A Director-General shall be appointed to the head of the International Labour Office; he shall be appointed by the Board of Directors of whom he shall receive his instructions and to whom he shall be responsible for the smooth functioning of the Bureau and of The execution of any other tasks which may have been entrusted to it.

2. The Director General or his alternate shall attend all meetings of the Board of Directors.

Art.

The staff of the International Labour Office shall be selected by the Director General in accordance with the rules approved by the Board of Directors.

2. The selection made by the Director General shall, to the fullest extent compatible with the concern to obtain the best performance, be made on persons of different nationalities.

3. A number of these people will have to be women.

4. The functions of the Director General and staff shall be exclusively international in character. In the performance of their duties, the Director General and the staff shall not seek or accept instructions from any Government or from any authority outside the Organization. They shall refrain from any action incompatible with their position as 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 Director General and staff and not to seek to influence them in the performance of their duties.

Art. 10

The functions of the International Labour Office will include the centralization and distribution of all information concerning the international regulation of the condition of workers and the labour regime and, in particular, the study Questions which it is proposed to submit to the discussions of the Conference for the conclusion of international conventions, as well as the execution of any special investigations prescribed by the Conference or by the Administrative Council.

2. Subject to the guidelines that may be given to it by the Governing Council, the Bureau shall:

(a)
Prepare documentation on the various items on the agenda of the sessions of the Conference;
(b)
Provide to Governments, at their request and to the extent of their means, any appropriate assistance for the preparation of legislation on the basis of decisions of the Conference, as well as for the improvement of administrative practice and Inspection systems;
(c)
Carry out, in accordance with the provisions of this Constitution, its duties with regard to the effective observance of the conventions;
(d)
Shall prepare and shall publish in such languages that the Governing Council deems appropriate publications dealing with matters relating to industry and work of international interest.

3. In general, it shall have all other powers and functions that the Conference or the Governing Council shall judge to allocate to it.

Art. 11

The ministries of the Members concerned with working questions may communicate directly with the Director-General through the representative of their Governments to the Board of Directors of the International Labour Office, or Failing that representative, through such other duly qualified official and appointed by the Government concerned for that purpose.

Art. 12

The International Labour Organization shall, within the framework of this Constitution, cooperate with any general international organization responsible for coordinating the activities of public international law organizations with tasks And with public international law organizations with specialized tasks in related fields.

(2) The International Labour Organization may make appropriate arrangements for the participation of representatives of public international organizations, without the right to vote, in its deliberations.

The International Labour Organization may take all necessary steps to consult, as appropriate, international non-governmental organizations recognized, including international organizations Employers, workers, farmers and co-workers.

Art. 13

The International Labour Organization may conclude with the United Nations such financial and budgetary arrangements as appropriate.

2. Pending the conclusion of such arrangements, or if at any time it is not in force:

(a)
Each Member shall pay the travel and subsistence expenses of its delegates and technical advisers, as well as its representatives participating in the sessions of the Conference and the Board of Directors, as appropriate;
B
Any other costs of the International Labour Office, the sessions of the Conference or the sessions of the Governing Council shall be paid by the Director General of the International Labour Office on the general budget of the International Organization Labour;
(c)
The provisions relating to the approval of the budget of the Inter-national Labour Organization, as well as to the basis and the recovery of contributions, shall be adopted by the Conference by a two-thirds majority of the votes cast by the Delegates present and stipulate that the budget and arrangements for the allocation of expenses among the Members of the Organization shall be approved by a committee of government representatives.

3. The costs of the International Labour Organization shall be borne by Members, in accordance with the arrangements in force under s. 1 or by. 2, (c) of this article.

4. A Member of the Organization in arrears in the payment of its contribution to the expenses of the Organization shall not participate in the vote of the Conference, the Governing Council or any committee, or in the elections of members of the Council If the amount of its arrears equals or exceeds the contribution due by it for the preceding two full years. The Conference may, however, by a vote by a two-thirds majority of the votes cast by the delegates present authorizing that Member to participate in the vote if it finds that the failure is due to circumstances beyond its control.

5. The Director General of the International Labour Office shall be responsible to the Governing Council for the use of the funds of the International Labour Organization.

Chapter II Operation

Art. 14

The Governing Council shall establish the agenda of the sessions of the Conference after considering any 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, concerning matters to be included in this agenda.

2. The Administrative Board shall establish rules to ensure a serious technical preparation and appropriate consultation of the Members primarily concerned, by a technical preparatory conference or by any other means, before adoption A convention or recommendation by the Conference.

Art. 15

The Director-General shall carry out the functions of the Secretary-General of the Conference, and shall forward the agenda of each session, four months before the opening of that session, to each of the Members, and, through them, to the Non-governmental delegates, when the latter have been designated.

2. Reports on each agenda item will be circulated to Members in time to allow them to conduct an appropriate review of these reports prior to the Conference. The Board of Directors shall formulate the rules giving effect to this provision.

Art. 16

Each of the Governments of the Members shall have the right to challenge the registration, on the agenda of the session, of one or more of the subjects provided for. The reasons for such opposition shall be set out in a submission to the Director General, which shall be communicated to the Members of the Organization.

2. The subjects to which opposition will be opposed shall nevertheless remain on the agenda if the Conference so decides by a two-thirds majority of the votes cast by the delegates present.

(3) Any matter concerning which the Conference decides, by the same two-thirds majority, that it is to be considered (otherwise than provided for in the preceding paragraph) shall be placed on the agenda of the following session.

Art. 17

1. The Conference shall elect a Chairman and three Vice-Chairmen. The three Vice-Presidents will respectively be a government delegate, a delegate of employers and a delegate of the workers. The Conference will set out the rules for its operation and may appoint commissions to submit reports on any issues it deems necessary.

2. The mere majority of the votes cast by the present members of the Conference shall decide in all cases where a stronger majority is not specifically provided for in other articles of this Constitution or by any convention or other Instrument conferring powers to the Conference or the financial or budgetary arrangements adopted pursuant to Art. 13.

3. No vote shall be taken 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 join the commissions as technical advisers who will not have deliberative.

Art. 19

If the Conference decides on the adoption of proposals for an item on the agenda, it will have to determine whether these proposals should take the form:

(a)
An international convention;
(b)
Or a recommendation, where the subject matter or one of its aspects does not lend itself to the immediate adoption of a convention.

2. In both cases, for a convention or recommendation to be adopted at the final vote by the Conference, a two-thirds majority of the votes of the delegates present is required.

3. In forming a convention or recommendation of a general application, the Conference shall have regard to the countries in which the climate, the incomplete development of the industrial organization or other special circumstances render the Conditions of the essentially different industry, and it will have to suggest such modifications as it would consider necessary in order to meet the conditions of those countries.

4. Two copies of the Convention or of the recommendation shall be signed by the President of the Conference and the Director General. One of these copies will 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 provide a certified copy of the Convention or the recommendation to each Member.

5. If this is a convention:

(a)
The Convention shall be communicated to all Members for ratification by the Members;
(b)
Each Member undertakes to submit within 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 one year, as soon as possible, but No more than eighteen months after the close of the session of the Conference), the convention of the authority or the authorities in whose jurisdiction the matter returns, in order to transform it into law or to take measures of any other order;
(c)
Members shall inform the Director-General of the International Labour Office of the measures taken under this Article, to submit the Convention to the competent authority or authorities, by providing it with any information on the authority The authorities considered competent and the decisions of the competent authorities;
(d)
The Member who has obtained the consent of the competent authority or authorities shall communicate its formal ratification of the Convention to the Director General and shall take such measures as will be necessary to make the provisions of the The said Convention;
(e)
If a convention does not obtain the consent of the authority or authorities in whose jurisdiction the matter falls, the Member shall not be subject to any other obligation, except that he shall report to the Director-General of the Bureau At appropriate periods, as determined by the Administrative Council, on the state of its legislation and on its practice concerning the subject matter of the Convention, specifying the extent to which the Subsequent to or proposed to act upon any provision of the agreement by legislation, by Administrative, by means of collective contracts or by any other means, and by setting out the difficulties preventing or delaying the ratification of such an agreement.

6. If this is a recommendation:

(a)
The recommendation will be communicated to all Members for consideration, with a view to having effect in the form of national law or otherwise;
(b)
Each Member undertakes to submit within 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 one year, as soon as possible, but No more than eighteen months after the close of the session of the Conference), the recommendation to the authority or authorities in whose jurisdiction the matter falls, in order to transform it into law or to take measures of any other order;
(c)
Members shall inform the Director-General of the International Labour Office of the measures taken under this Article to submit the recommendation to the competent authority or authorities, by providing it with information on The authority or authorities considered competent and the decisions of the authorities;
(d)
Except for the obligation to submit the recommendation to the competent authority or authorities, Members shall not be subject to any other obligation, except that they shall report to the Director General of the International Labour Office, to Appropriate periods, as determined by the Board of Directors, on the status of their legislation and on their practice with respect to the subject matter of the recommendation, specifying the extent to which they have been acted upon or proposed Follow up on any provisions of the recommendation and indicate changes in Those provisions that appear or may seem necessary to enable them to adopt or apply it.

7. In the case of a Federal State, the following provisions shall be applied:

(a)
With respect to conventions and recommendations for which the federal government considers that, according to its constitutional system, federal action is appropriate, the obligations of the federal government will be the same as those of the Members Which are not federal states;
(b)
With respect to conventions and recommendations for which the federal government considers that, according to its constitutional system, action by the constituent states, the provinces or the cantons is, on all points or on Certain points, more appropriate than federal action, the Government will have to:
I)
Conclude, in accordance with its constitution and the constitutions of the constituent states, of the interested provinces or cantons, effective arrangements for such conventions or recommendations to be made no later than eighteen months after The closure of the session of the Conference, submitted to the appropriate federal authorities, or those of the constituent States, the provinces or the cantons for legislative action or for any other action;
II)
Take measures, subject to the agreement of the governments of the constituent states, the provinces or the cantons concerned, to establish periodic consultations, between the federal authorities on the one hand and the authorities of the constituent states, The provinces or the cantons, on the other hand, with a view to developing coordinated action within the federal State to give effect to the provisions of these conventions and recommendations;
(II)
Inform the Director-General of the International Labour Office of the measures taken under this Article to submit these conventions and recommendations to the appropriate federal authorities, the constituent states, the provinces or the cantons, in Providing information on the authorities considered to be appropriate authorities and on the decisions of the authorities;
IV)
With respect to each of those conventions that it has not ratified, report to the Director-General of the International Labour Office, at appropriate time intervals, as determined by the Governing Council, on the status of the The legislation and practice of the federation and the constituent states, the provinces or the cantons concerning the subject matter of the Convention, specifying the extent to which it has been given or proposed to give effect to the Provisions of the Convention by means of legislation, by administrative means, by means of collective agreements or by Any other means;
V)
With respect to each of these recommendations, report to the Director General of the International Labour Office, at appropriate time intervals, as determined by the Governing Council, on the status of the legislation and the practice of The federation and its constituent states, its provinces or its cantons with regard to the matter which is the subject of the recommendation, specifying the extent to which it has been given or proposed to give effect to the provisions of the Recommending and indicating what changes to these provisions appear or may appear to be Necessary to adopt or apply them.

8. In any event, the adoption of a convention or recommendation by the Conference, or the ratification of a convention by a Member, shall be deemed to affect any law, award, custom or agreement that provides More favourable conditions for workers interested than those provided for in the convention or recommendation.

Art.

Any such convention 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 shall bind only the Members who have ratified it.

Art.

(1) Any draft which, in the final vote on the whole, shall not receive a two-thirds majority of the votes cast by the Members present may be the subject of a special agreement between those of the Members of the Organization who Desire.

2. Any agreement so concluded shall be communicated by the Governments concerned to the Director-General of the International Labour Office and to the Secretary-General of the United Nations, for registration in accordance with the provisions of Art. 102 of the United Nations Charter.

Art.

Each Member undertakes to submit to the International Labour Office an annual report on the measures taken by it to implement the conventions to which it has acceded. These reports shall be in the form indicated by the Board of Directors and shall contain the details requested by the Board of Directors.

Art.

The Director-General shall submit to the next session of the Conference a summary of the information and reports submitted to it by Members in accordance with art. 19 and 22.

2. Each Member shall communicate to recognised representative organisations for the purposes of Art. 3, copies of the information and reports transmitted to the Director General pursuant to Art. 19 and 22.

Art. 24

Any complaint addressed to the International Labour Office by a professional organization of the workers or employers, and to the terms of which any of the Members would not have satisfactorily ensured the execution of a Agreement, to which the said Member has acceded, may be transmitted by the Governing Council to the Government concerned and this Government may be invited to make such a declaration as it deems appropriate.

Art. 25

If no statement is received from the Government concerned within a reasonable period of time, or if the statement received does not appear to be satisfactory to the Board of Directors, the Board of Directors shall have the right to make public the claim received and, The answer, if any.

Art. 26

1. Each Member may lodge a complaint with the International Labour Office against another Member who, in his opinion, would not satisfactorily ensure the execution of a convention that one and the other would have ratified by virtue of the Previous articles.

2. The Board of Directors may, if it considers it appropriate, and before proceeding to a Board of Inquiry in accordance with the procedure set out below, contact the Government in question in the manner specified in s. 24.

3. If the Governing Council does not consider it necessary to communicate the complaint to the Government concerned, or if that communication has been made, no reply having satisfied the Governing Council was received within a reasonable period of time, The Council will be able to form a Commission of Inquiry whose mission is to study and report on the issue raised.

4. The same procedure may be initiated by the Council, either ex officio or on the complaint of a delegate to the Conference.

5. Where an issue raised by the application of s. 25 or 26 will come before the Board of Directors, the Government involved, if it does not already have a representative on the Board of Directors, will have the right to appoint a delegate to participate in the Council's deliberations on This case. The date on which these discussions are to be held will be notified in due time to the government involved.

Art. 27

In the event that a complaint is referred, under s. 26, before a fact-finding mission, each of the Members, whether or not it is directly interested in the complaint, undertakes to make available to the Commission any information that is in its possession in relation to the subject matter of the complaint.

Art. 28

The Board of Inquiry, following a thorough review of the complaint, will prepare a report in which it will record its findings on all points of fact in order to clarify the scope of the challenge, as well as its recommendations Will have to formulate the measures to be taken in order to give satisfaction to the complainant government and the time frame in which these measures should be taken.

Art.

The Director-General of the International Labour Office shall communicate the report of the Commission of Inquiry to the Governing Council and each of the Governments concerned in the dispute, and shall publish it.

2. Each concerned government shall notify the Director General of the International Labour Office within the three-month period whether or not it accepts the recommendations contained in the report of the Commission and, in the event that it does not accept them If he wishes to refer the dispute to the International Court of Justice.

Art.

In the event that one of the Members does not, in respect of a convention or recommendation, take the measures prescribed in s. 5 (b), 6 (b) or 7 (b) I ) Of Art. 19 any other Member shall have the right to refer the matter to the Administrative Council. In the event that the Governing Council finds that the Member has not taken the prescribed measures, it shall report to the Conference.

Art.

The decision of the International Court of Justice on a complaint or an issue that would have been referred to it pursuant to s. 29 will not be subject to appeal.

Art. 32

The possible conclusions or recommendations of the Commission of Inquiry may be confirmed, amended or annulled by the International Court of Justice.

Art. 33

If any Member fails to comply within the time limit prescribed for any recommendations contained in the report of the Commission of Inquiry or in the decision of the International Court of Justice, as the case may be, the Council The Administration may recommend to the Conference such a measure as it may deem appropriate to ensure the implementation of those recommendations.

Art. 34

The Government may, at any time, inform the Board of Directors that it has taken the necessary measures to comply with the recommendations of the Commission of Inquiry or those contained in the Court's decision. The International Court of Justice, and may ask it to set up a Commission of Inquiry to verify its claims. In this case, the stipulations of art. 27, 28 29, 31 and 32 will apply, and if the report of the Board of Inquiry or the decision of the International Court of Justice is favourable to the government that was in fault, the Board of Directors shall immediately recommend that the measures Taken in accordance with Art. 33 are reported.

Chapter III General requirements

Art. 35

(1) The Members undertake to implement the conventions which they have ratified, in accordance with the provisions of this Constitution, to the non-metropolitan territories for which they are responsible for international relations, including all territories under Authority for which they would be the administering authority, unless the matters dealt with by the Convention fall within the jurisdiction of the territorial authorities, or that the Convention is not rendered inapplicable By local conditions, or subject to changes that would otherwise be Necessary to adapt the conventions to local conditions.

(2) Each Member who ratifies a convention shall, as soon as possible after its ratification, communicate to the Director General of the International Labour Office a statement concerning, in respect of the territories other than Those to which they are concerned. 4 and 5 below, to what extent it undertakes to apply the provisions of the Convention and to provide all the information prescribed by the Convention.

3. Each Member who has communicated a declaration under the preceding paragraph may periodically communicate, in accordance with the terms of the Convention, a new declaration amending the terms of any previous declaration and making Know the situation concerning the territories referred to in the above paragraph.

4. Where the matters dealt with by the Convention fall within 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 possible Possible time limit for the convention to the government of that territory, so that this government can enact legislation or take other measures. Thereafter, the Member, in agreement with the Government of that Territory, may communicate to the Director General of the International Labour Office a declaration of acceptance of the obligations of the Convention 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 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 any other provision in force in respect of that territory.

6. Acceptance of the obligations of a convention under s. 4 and 5 shall include the acceptance, on behalf of the territory concerned, of the obligations arising from the terms of the Convention and the obligations which, under the Constitution of the Organization, apply to ratified conventions. Any declaration of acceptance may specify the amendments to the provisions of the Convention which would be necessary to adapt the Convention to local conditions.

7. Each Member or International Authority that has communicated a declaration under s. 4 and 5 of this Article may periodically communicate, in accordance with the terms of the Convention, a new declaration amending the terms of any previous declaration or denouncing the acceptance of the obligations of any convention in the name of the Interested territory.

8. If the obligations of a convention are not accepted in the name of a territory covered by s. 4 or 5 of this Article, the Member or the Members or the international authority shall report to the Director General of the International Labour Office on the legislation and practice of that territory in respect of the matters dealt with in the Agreement, 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 measures, collective contracts or any other measures, and the report will also declare Difficulties that prevent or delay the acceptance of this agreement.

Art. 36

The amendments to this Constitution adopted by the Conference by a two-thirds majority of the votes cast by the delegates present shall enter into force when they have been ratified or accepted by two thirds of the Members of the Organization Comprising five of the ten 1 Members represented on the Board of Directors as Members of the highest industrial importance, in accordance with the provisions of s. 3 of Art. 7 of this Constitution.


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

Art.

1. Any questions or difficulties relating to the interpretation of this Constitution and subsequent conventions concluded by Members under the Constitution shall be subject to the assessment of the International Court of Justice.

2. Notwithstanding the provisions of s. 1 of this article, the Governing Council may formulate and submit to the Conference for the approval of the rules for the establishment of a court for the prompt resolution of any question or difficulty relating to the interpretation of a Convention, which may be brought before the Court by the Administrative Council or in accordance with the terms of that Convention. All judgments or advisory opinions of the International Court of Justice shall be binding on any court established under this paragraph. Any award made by such a tribunal shall be communicated to the Members of the Organization and any comments thereof shall be submitted to the Conference.

Art. 38

The International Labour Organization may convene such regional conferences and establish such regional institutions that will be useful in achieving the goals and objectives of the Organization.

2. The powers, functions and procedures of the regional conferences shall be governed by rules formulated by the Governing Council and presented to the General Conference for confirmation by the General Conference.

Chapter IV Miscellaneous Measures

Art. 39

The International Labour Organization must have legal personality; in particular, it has the capacity to:

(a)
Contract;
(b)
Acquire movable and immovable property, dispose of such property;
(c)
Legal proceedings.
Art. 40

The International Labour Organization shall enjoy, within the territory of each of its Members, such privileges and immunities as are necessary for the achievement of its purposes.

2. The delegates to the Conference, the members of the Governing Council and the Director General and the officers of the Bureau shall also enjoy the privileges and immunities necessary for them to exercise, in full independence, their Functions in relation to the Organization.

3. These privileges and immunities will be specified in a separate agreement to be prepared by the Organization for acceptance by the Member States.

Annex

Statement on the goals and objectives of the International Labour Organization.

The General Conference of the International Labour Organization, meeting in Philadelphia at its twenty-sixth session, adopted on this tenth day of May 1944, this Declaration of the Goals and Objectives of the International Labour Organization, as well as Principles that should be guided by the policy of its Members.

I

The Conference reiterates the fundamental principles on which the Organization is founded, including:

(a)
The work is not a commodity;
(b)
Freedom of expression and association is an indispensable condition for sustained progress;
(c)
Poverty, wherever it exists, is a danger to the prosperity of all;
(d)
The fight against the need must be carried out with an untiring energy within each nation, and by an ongoing and concerted international effort in which the representatives of workers and employers, cooperating on an equal footing with those Governments, participate in free discussions and democratic decisions in order to promote the common good.

II

Convinced that experience has fully demonstrated the validity of the declaration contained in the Constitution of the International Labour Organization, and that a lasting peace can only be established on the basis of social justice, The conference states:

(a)
All human beings, regardless of race, creed or gender, have the right to pursue their material progress and their spiritual development in freedom and dignity, in economic security and with equal opportunities;
(b)
The fulfilment of the conditions for achieving this result must be the central aim of any national and international policy;
(c)
All action programmes and measures taken at national and international level, in particular in the economic and financial fields, must be appreciated from this point of view and accepted only to the extent that they appear to be To promote, not hinder, the achievement of this fundamental objective;
(d)
It is the responsibility of the International Labour Organization to consider and consider in the light of this fundamental objective, in the international field, all economic and financial action programmes and measures;
(e)
In carrying out the tasks entrusted to it, the International Labour Organization, having taken into account all relevant economic and financial factors, shall be entitled to include in its decisions and recommendations all Provisions it deems appropriate.

III

The Conference acknowledges the solemn obligation of the International Labour Organization to support the implementation, among the various nations of the world, of the programmes to be carried out:

(a)
The fullness of employment and the rise in living standards;
(b)
The employment of workers in occupations where they have the satisfaction of giving the full measure of their skills and knowledge and of contributing the best to the common well being;
(c)
To achieve this goal, implementation, with adequate safeguards for all concerned with training opportunities and means to facilitate the transfer of workers, including labour and settler migration;
(d)
The possibility for all of equitable participation in the fruits of progress in wages and earnings, working hours and other working conditions, and a vital minimum wage for all those who have a job and need such a Protection;
(e)
The effective recognition of the right to collective bargaining and the cooperation of employers and labour for the continuous improvement of the organisation of production, as well as the cooperation of workers and employers in The development and application of social and economic policy;
(f)
The extension of social security measures to provide basic income for all those in need of such protection, as well as comprehensive medical care;
(g)
Adequate protection of the lives and health of workers in all occupations;
(h)
The protection of children and maternity;
(i)
An adequate level of food, housing and means of recreation and culture;
(j)
Guarantee of equal opportunities in the field of education and work.

IV

Convinced that a more comprehensive and wider use of the world's productive resources, necessary for the achievement of the objectives set out in this Declaration, can be achieved through effective international action, and And, in particular, measures to promote the expansion of production and consumption, to avoid serious economic fluctuations, to achieve the economic and social advancement of regions whose development is not advanced, To ensure greater stability in world prices for raw materials and commodities, and To promote a high and consistent international volume trade, the Conference promises the full cooperation of the International Labour Organization with all international bodies to which a share of responsibility can be entrusted in That great task, as well as in improving the health, education and well-being of all peoples.

V

The Conference affirms that the principles set forth in this Declaration are fully applicable to all peoples of the world, and that, in the manner in which they are applied, due regard shall be given to the degree of social development and The economic of each people, their gradual application to the peoples who are still dependent, as well as to those who have reached the stage in which they govern themselves, are of interest to the whole civilised world.

The above text is the authentic text of the instrument of amendment to the Constitution of the International Labour Organization, 1946, duly adopted by the General Conference of the International Labour Organization on October 9. One hundred and forty-six, during its twenty-ninth session, held in Montreal.

The English and French versions of the text of this instrument of amendment are equally authentic.

In witness whereof Signed on this first day of November 1946.


Status on May 9, 2012

List of members of the organization May 9, 2012 2

Member From

Afghanistan

1934

South Africa

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

Central African Republic

1960

Chile

1919

China

1919

Cyprus

1960

Colombia

1920

Comoros

1978

Congo (Brazzaville)

1960

Congo, Kinshasa

1960

Korea (South)

1991

Costa Rica

1920 to 1927 and since 1944

CĂ´te d' Ivoire

1960

Croatia

1992

Cuba

1919

Denmark

1920

Djibouti

1978

Dominican Republic

1924

Dominica

1982

Egypt

1936

El Salvador

1920 to 1939 and since 1948

United Arab Emirates

1972

Ecuador

1934

Eritrea

1993

Spain

1920 to 1941 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

Grenada

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 1955

Hungary

1922

Marshall Islands

3 July 2007

Solomon Islands

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 since 1980

Latvia

1991

Lebanon

1948

Liberia

1919

Libya

1952

Lithuania

1991

Luxembourg

1920

Macedonia

1993

Madagascar

1960

Malaysia

1957

Malawi

1965

Maldives

15 May 2009

Mali

1960

Malta

1965

Morocco

1956

Mauritius

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 to 1942 and since 1956

United Kingdom

1919

Russia

1934 to 1940 and since 1954

Rwanda

1962

Saint Kitts and Nevis

1996

Saint 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

Suriname

1976

Swaziland

1975

Syria

1947

Tajikistan

1993

Tanzania

1962

Chad

1960

Czech Republic

1993

Thailand

1919

Timor-Leste

19 August 2003

Togo

1960

Trinidad and Tobago

1963

Tunisia

1956

Turkmenistan

1993

Turkey

1932

Tuvalu

27 May 2008

Ukraine

1954

Uruguay

1919

Vanuatu

22 May 2003

Venezuela

1920 to 1957 and since 1958

Vietnam

1950 to 1976 and 1980 to 1985 and since 1992

Yemen

1965

Zambia

1964

Zimbabwe

1980


RO 1948 891; FF 1947 I 661


1 RO 1948 889
2 RO 1973 1623, 1976 1526, 1981 1240, 1985 280, 2002 474 and 2012 3049. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status on May 9, 2012