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Introduction to ILO Constitution and the Standing Orders: - The ILO Constitution
was adopted in 1919 by virtue of which the ILO came into being Presently the ILO
Constitution consists of 40 Articles, divided into various paragraphs and it
provides for the Constitution, Structure, Procedures. Powers and Duties, Procedure
for adoption of 11.0 Conventions and Recommendations, their ratification by the
Members, and all other relevant aspects of its functioning. In addition to 40
Articles of the Constitutions the International Labour Conference made and adopted
Standing Orders consisting of 76 Articles dealing with the details of various
constitutional provisions and they are also referred to as Articles of the Standing
Orders of the L.L. Conference.
ILO Constitution also provides for the procedure to amend or modify any of the
provisions of the ILO Constitution and the resolution of any dispute by the
International Court of Justice. arising out of interpretation or application of any
of the provisions of the Constitution or the ILO Conventions as finally adopted by
the IL Conference.
Recently amendment was made to the Standing Orders dealing with method of voting
(Art. 19 of S.O.) and the election of the Governing Body as contained in Arts. 49
and 50 of the S.O. These amendments have been adopted by the IL Conference in its
82nd Session held in June 1995.
The structure of the ILO consists of three principal organs as provided by in the
Article 2 of the ILO Constitution. In addition to this, it consists of Regional
Advisory Committees, Specialised bodies under the control of the Governing Body,
Panel of Consultants and various Industrial Committees.
1. Principal Organs:- The three principal organs of the ILO are constituted as per
Article 2 of the ILO Constitution, they are:
(2) a Governing Body composed in accordance with Article 7 of the ILO Constitution;
and
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4. Panel of Consultants:
3. On Cooperation.
(vii) Petroleum;
(viii) Textiles.
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1. Composition: The General Conference is the Supreme decision making body and the
first and most important principal organ of the ILO which is composed of four
representatives, of each of the Members, of whom two shall be Government delegates
and the two others shall be delegates representing respectively the employers and
work people of each of the Member. [Art. 3(1)]. The non-Government delegates,
namely, employers and workers, shall be nominated by the Members in agreement with
the industrial organizations which are most representative of employers or work
people in their respective countries. [Art. 3(5)]. •
Each Member country which is responsible for the international relations of non-
metropolitan territories may also appoint additional advisers to each of its
delegates. [Art. 3(3)].
4. Status and Credentials of Advisers:- Advisers accompanying the delegates are not
allowed to speak, except on a request made by the delegate whom they accompany,
with the special authorization of the President of the Conference. Advisers are
also not entitled to vote. However if any delegate appoint one of his advisers to
act as his deputy then the delegate shall do so by giving a notice in writing
addressed to the President of the Conference, and in that case that adviser as
deputy of the delegate shall be allowed to speak and vote. [Art. 3(7)].
The names of the delegates and their advisers will be communicated to the
International Labour Office by the Government of each of the Members. The
credentials of delegates and their advisers shall be subject to scrutiny by the
Conference. The credential of the delegate or their adviser can be refused,
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by two-thirds of the votes cast by the delegates present, if they deem nomination
of delegates or their advisers not in accordance with the procedure specified in
this Article. [Art. 3(8,9)].
For this purpose, the General Conference appoints a Credential Committee consisting
of one Govt.'s delegate, one Employers' and one workers' delegate. This Credential
Committee shall examine the credentials of delegates and their Advisers and any
objection relating thereto, in accordance with Section B of Part II of the General
Standing Orders. (Art. 5 of S.O.).
5. Voting Rights:- Decisions at the General Conference are taken by votes of its
members and every delegate is entitled to vote individually on all matters which
are taken into consideration by the Conference. If any Member fails to nominate one
of the non-Government delegate, i.e., employers or work people, whom it is entitled
to nominate the other non-Governmental delegate shall be allowed to sit and speak
at the Conference, however, he is not entitled to vote. (Art. 4). Such a permission
to sit and speak is also given to any delegate of the Member, whose admission is
refused by the General Conference in accordance with Art. 3(9).
If any Member country of the ILO which is in arrears of its payments of financial
contributions to the ILO, for two full years is not entitled to vote. [Art. 13(4)].
However, the General Conference with two-thirds votes may permit such defaulting
member to vote.
7. Officers of the General Conference: The General Conference elects one President
and three Vice-Presidents. One of the Vice-Presidents shall be a Govt. delegate,
one an Employers' delegate and one a Workers' delegate. The Article 3 of Standing
Orders also require that the President and the three Vice-Presidents shall be of
different nationalities and any one of whom may be woman. (Art. 17 of ILO
Constitution).
8. Duties of the President (S.O. 13): The President of the General Conference has
to declare the opening and closure of the sittings and before proceeding to the
agenda the President shall bring any communication concerning the agenda, before
the Conference. He is empowered to direct the debate, maintain order and ensure the
observance of the Standing Orders by such means as circumstances may demand. He is
also empowered to grant
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or refuse the right to address the Conference and put any questions to vote and
announce the result of such voting.
The President does not take part in the debates nor he exercises his vote However,
in case, he himself is a delegate, he may appoint a substitute in accordance with
the provisions of Article 1, Para 3 of the Standing Orders In absence of the
President during a sitting or any part thereof, one of the Vice-Presidents taken in
rotation shall preside over the General Conference and such Vice-President acting
as President shall have the same rights and duties as President.
9. Procedure, Voting & Quorum:- The General Conference in accordance with Article
17 (1), regulates its own procedure and it may appoint committees to examine and
report on any rnatter. Voting shall be by show of hands, by a record vote or by
secret ballot. (S.O.19).
All matters of the General Conference are decided by a simple majority of the votes
cast by delegates present, except as otherwise expressly provided in the
Constitution or by the terms of any Convention or other instrument conferring
powers on the Conference, or the financial and budgetary arrangements adopted in
virtue of Article 13.
The voting is void unless the total number of votes east is equal to half the
number of the delegates which is also the quorum as per S.O.20 attending the
Conference. [Art. 17(3)].
10. Agenda for the General Conference:- The agenda of the Conference is settled and
prepared by the Governing Body, after taking into consideration any suggestion made
by the Govt. of any Member country or by any representative organization recognized
for the purpose of Article 3, or by any public international organization. (Art.
14).
If any of the Governments of the Member-countries have any objection to any item of
the agenda, they may formally object to the inclusion of any item and shall address
a statement to the Director-General setting forth the grounds for such objections.
The Director-General shall circulate it to all the Members of the Organization.
However such item which has been objected to, shall not be excluded from the agenda
if a majority of two-thirds votes are casted by the delegates at the conference in
favour of considering the item. By similar procedure, any new item may be included
in the agenda for discussion at the following meeting. (Art. 16).
four months before the meeting of the Conference, and through such Member country,
agenda is also transmitted to the non-Government delegates. (Art. 15).
Procedure for the consideration of the items on the Agenda:The Standing Orders of
the General Conference require that when a question is placed on the agenda for
general discussion, the International Labour Office shall communicate a report upon
the question to the Governments, so as to reach them at least two months before the
opening of the session of the Conference The question shall be referred by the
Conference to a committee for report. (S.O. 11 ter).
13. Discussion on the Report of the Chairman of the Governing Body: (S.O. 12):--
The General Conference, during its session at the fixed time shall discuss the
report of the Chairman of the Governing Body on its work and the Report of the
Director-General of the International Labour Office. The Director-General is
responsible to present a report on the implementation of the programmes and the
activities of the Organization during the preceding financial period. Such report
shall be submitted at each session of the General Conference in the first year of a
biennial financial period. Further the Director-General shall inform the steps
taken by Governing Body and by the Director-General to implement the decisions of
the Conference taken at the previous session and results achieved thereor.. In such
report, the Director-General shall devote a social policy theme on the matter of
current interest, in addition to and without prejudice to other questions on which
the General Conference may request him to report.
In the discussion, one delegate each representing the Govt., Employers and Workers
may participate in respect of each member State. However a visiting minister may
also speak in addition to the Govt.'s delegate. No speaker is permitted to
intervene in the discussion more than once. (S.O.12).
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14. Right to address the Conference (S.O. 14): The procedure to participate in the
discussion or to address the General Conference is regulated in a specific and
proper manner, subject to the conditions contained in Standing Order No. 14 of the
ILC. No delegate is allowed to address the Conference without seeking permission
from the President. Speakers are called upon to address in the same order in which
they expressed their desire to speak. Further no delegate is allowed to speak more
than once upon any motion, resolution er amendment, without the special permission
of the Conference. However, the mover of a motion, resolution or amendment has a
right to speak twice unless the closure of the Conference has been adopted in
accordance with S.O. 16. The President has power to ask a delegate to resume his
seat if his remarks are found irrelevant to the subject under discussion. A
delegate may rise to a point of order, at any time, which shall be decided by the
President forthwith. No interruption or audible remarks from the persons attending
the Conference is permitted.
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The non-Governmental Organizations with whom the ILO has established consultative
relationship, may be permitted to circulate statements for the information of the
Conference on questions which are discussed by the Conference. The President, in
agreement with the Vice-President, may permit such non-Governmental Organizations.
Such persons who are appointed by State as observers and who are invited, may also
be permitted to address the Conference, after obtaining
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Any member may draw the attention of the President towards a fact that the Standing
Orders are not being observed, and the President shall give immediate ruling on any
such question.
16. Closure of the discussion (S.O.16): The Standing Orders also provide for a
procedure to close the discussion on any particular resolution or amendment or on
the general question. It lays down that any delegate may make the closure of the
discussion on any resolution, amendment or general questions. The President has to
put the motion for the closure of the discussion, if it is supported by at least 30
delegates. Before putting it to vote, the President shall call out the names of
those delegates who had signified their wish to speak before the closure. If such
application is made to speak against the
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The Secretariat of the Conference 1.e. L.L. Office shall be responsible for
discharging the following duties and responsibilities:
(f) generally, for all other works which the Conference may think fit to entrust to
it. (Art. 22 of the Standing Orders of the ILC).
18. Verbatim Reports (S.O.23):-- As per Art. 23 of the S.O., the Secretariat is
responsible for printing a verbatim report at the conclusion of each sitting of the
Conference. Any delegate has a right to demand revision of any part of the report
containing a speech which he has made. However, speeches or part of speeches that
have not been delivered during the sitting shall not be published in the report.
Any correction proposed may be published if communicated to the Secretariat, in
writing, not later than 10 days after the close of the Conference. The verbatirn
reports are authenticated by the signatures of the President of the Conference and
the Secretary-General (Art.23 of S.O.).
19. The Official languages of the Conference (S.O.24):- Article 24 of the Standing
Orders of the IL Conference stipulates that the official languages of the
International Conference shall be French and English. Speeches made in French are
summarised in English and vice versa, by the official interpreter of the
Secretariat of the Conference. Speeches made in Spanish are summarized by the
official interpreter who shall also give a summary in Spanish of speeches made in
English or French.
However a delegate may speak in another non-official language, but his delegation
must provide for a summarized translation of his speech into one
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of the two official languages i.e. French or English. This summarized translation
is then rendered in the official language by an interpreter belonging to the
Secretariat. The translation and circulation of documents shall be in the hands of
the Secretariat and all such documents shall appear in English, French and Spanish.
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1. Composition of Governing Body: The Governing Body is the second principal organ
of ILO, provided for in Art. 2(b) of the ILO Constitution and is composed of in
accordance with the provisions of the Article 7 of the ILO Constitution. It is the
Chief Executive Body of the ILO.
As per Article 7, the Governing Body shall consist of fifty six persons, of whom
twenty-eight represent Governments, fourteen represent employers and fourteen
represent workers. Of the twenty-eight persons representing Governments, ten shall
be appointed by the Members of the Chief industrial importance and eighteen are
appointed by the Members selected for that purpose by the Government delegates to
the Conference, excluding the ten Members as mentioned above. Previously the number
of members of chief industrial importance on Governing Body was 8. However in May
1954, West Germany, Japan and Russia were admitted on the permanent seats of the
Governing Body. Subsequently the number was increased from 8 to 10 and Brazil was
eliminated. Presently the ten permanent members of the Governing Body, being
countries of Chief industrial importance are Canada, China, France, India, Italy,
Japan, Soviet Union, U.K., U.S.A. and West Germany.
and
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The Il C. The Government electoral college shall consist of the Government elegates
of all Members of the Organization excepting those of the 10 Members of chief
industrial importance.
However such of the Members who are in arrears in the payment of their
contributions are disqualified to vote, as laid down in Section D, Art. 29 of the
Standing Orders of the ILC. Such Members are also not permitted to cast their vote
in the Conference, in the Governing Body, in any Committee or in elections, as laid
down in para (4) of Article 13 of the ILO Constitution.
Each member of the electoral college is entitled to east one vote. The Government
electoral college selects 18 members of the Organization, and it also selects 28
other Members of the Organization, the Governments of which shall be entitled to
appoint deputy Government members of the Governing Body. This provision is made by
an amendment in the year 1995 and inserted in Para 4 of Art.49 of the S.O.
The Employers' and Workers' electoral college shall also each elect, by name, 14
persons as regular members of the Governing Body and 19 persons as deputy members
of the Governing Body.
This provision is made by an amendment in the year 1995 and inserted in Para 2 of
the Art. 50 of the S.O.
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6. Term of office of Governing Body:- The period of office of the Governing Body is
3 years. However if for any reason the Governing Body elections do not take place
on the expiry of this period, the Governing Body shall remain in office until such
elections are held and a new Governing Body is constituted. [Art. 7(5)].
7. Functions of the Governing Body:— The Governing Body elects one Chairman and two
Vice-Chairmen from among its members, from time to time. Of these 3 officers, one
shall be a person representing employers. one representing workers and one
representing Government. The Governing Body regulates its own procedure and shall
fix its own times of meeting. A special meeting be held if a written request to
that effect is made by at least 16 representatives of the Governing Body.
The Chairman of the Governing Body has to submit report on its work to the General
Conference at each session of the Conference. [S.O. 12(1)].
The main function of the Governing Body is to control and supervise the
International Labour Office which is the Chief Secretariat of the ILO of the
Constitution. [Art. 2(c)].
The reports on each item of the agenda shall be despatched to reach the members in
time to permit adequate consideration before the meeting. The Governing Body shall
make rules for the application of this provision. [Art. 15(2)] of the Constitution.
1. The International Labour Office:- The International Labour Office is the third
principal permanent organ of the I.L.O. as per Art. 2(c) of the Constitution and
the Chief Secretariat of the Organization. The International Labour Office is
headed by a Director-General who is appointed by the Governing Body, and he is
responsible for the efficient conduct of the International Labour Office, subject
to the instructions of the Governing Body.
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He shall also discharge such other duties as may be assigned to him. Director
General and lus deputy is required to attend all meetings of the Governing Body.
[Art. SCD) and (2)].
The
(a) prepare the documents on the various items of the agenda for the meetings of
the Conference;
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(b) accord to Governments, at their request, all appropriate assistance within its
power in connection with the framing of law and regulations on the basis of the
decisions of the Corference and the improvement of administrative practice and the
systems of inspection;
(e) carry out the duties required of it by the provisions of this Constitution in
connection with the effective observance of conventions;
(d) edit and issue, in such languages as the Governing Body may think desirable,
publications dealing with problems of industry and employment of international
interest.
The International Labour Office shall also have such other powers and duties as may
be assigned to it by the Conference or by the Governing Body.
(a) the receiving, printing, circulating and translation of documents, reports and
resolutions;
(f) generally, all other works which the Conference may think fit to entrust to it.
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communicated in writing, not later than 10 days after the close of the Conference.
The verbatim reports are to be signed by the President of the Conference and the
Secretary-General. (Art. 23 of S.O.).
As mentioned earlier, the official languages of the Conference are French and
English and the procedure to render summary of the speeches made in any other
language is governed by Art. 24 of the Standing Orders of the International Labour
Conference.
The very idea of protecting the interest of the working class through universal
standards that could be followed by various Member countries evolved during the
span of more than 100 years and the unstinted efforts of various thinkers,
philanthropists and sociologists ultimately resulted in the demand to establish an
international organization for this purpose. Thus the ILO came into being.
Therefore the foremost obligation, purpose, and function of the ILO is to set forth
various universal standards to improve the working conditions of the labouring
class and thereby ensure social justice. These universal standards are known as
Convention and Recommendation, each having a different degree of compulsion in its
observance by the Member
countries.