Page 842 in some cases, for the making of bitter attacks upon fellow Members of the Organisation. I cannot find words sufficiently strong in which to condemn this tendency. It is a legitimate exercise of the rights of this platform for representatives to present an account of the con- ditions in their countries and to emphasise the favourable aspects of those conditions. We could wish that some of the tales of freedom and advanced social conditions which we have heard from this rostrum tallied more closely with the observations of impartial visitors to, and the accounts of some of the refugees from, some of the countries con- cerned. We have no desire to stifle debate, for in common with other Western democracies we believe in freedom of expression, freedom of opinion and freedom of speech, as anyone may find who wishes to visit our country, to which he may freely come. But the tendency which I have noticed goes far beyond these legitimate uses of this platform. At present, as I have said, it is in its early stages so far as the I.L.O. is concerned. But if it is allowed to continue, the atmosphere will become poisoned, our debates will be sterile, our attention, which should be given to other matters, will be diverted into paths of mutual recrimina- tion, our work will be stultified, and we shall suffer from a sense of frustration and bitterness which may well mean the end of the Organisa- tion's usefulness as a force for social progress. With all the strength at my command I would urge upon all representatives that we should stop this pernicious practice at the very beginning."
FINANCIAL AND BUDGETARY QUESTIONS
(Item II of the Agenda)
18. The financial and budgetary questions before the Conference were referred for consideration to the Finance Committee of Government Representatives.
19. The Committee was called upon to consider the budget of the Organisation for 1950 as submitted by the Governing Body to the Conference. The review of the budget made by the Governing Body preparatory to their recommendation was referred to by the Chairman of the Governing Body in his opening address to the Conference. He said: "If I were asked to state what was the greatest achievement of the Governing Body during the year, I would unhesitatingly reply that it was in the field of finance. The budget that will be presented to the Conference has been scrutinised with great care and in the minutest detail". To enable States Members not represented on the Governing Body to express their views the Committee proceeded to examine the expenditure budget in detail. The Committee accepted the proposals of the Governing Body and a budget of net expendi- ture for 1950 amounting to $5,983,526 was recommended to the Conference for adoption. This figure represents a reduction of about $650,000 on the original proposals submitted to the Governing Body and compares with a net expenditure budget of $5,185,539 for 1949.
20. As regards the income budget, the Finance Committee of Government Representatives fully discussed at length the method and scale which should govern the allocation of the expenses of the Organisation amongst States Members. It finally decided to recommend to the Conference that, subject to minor hadificationsofhd @sting I.L.O. sath be fmlanned for a further year. In addition, the Committee adopted the following Resolution which had been recommended by the Allocations Committee of the Governing Body for communication to States Members and the Conference:
A
10
THE FEAR OF 1997 Th
97 the resoluta of ferning Body that, bearing in mind that an equitable scale of contribution is necessary, the adoption by States Members of absolute monetary ceilings to their contributions to the budget of the International Labour Organisation may provide an obstacle to the proper functioning of the Organisation and may seriously handicap its development."
21. The Conference adopted the expenditure budget as proposed by the Committee without a dissentient vote. The United Kingdom Government, employers' and workers' representatives all voted in favour of the budget. The effect of the Conference decision is that the United Kingdom net con- tribution for 1950 will be $719,241 as compared with $581,630 in 1949.
22. The Committee was also called upon to consider certain proposals made by the Governing Body relating to the Working Capital Fund, the Reserve Fund, the Staff Pensions Fund and the Financial Regulations.
23. Finally, the Committee recommended approval of certain amendments of the Statute of the Administrative Tribunal the purpose of which was to extend, subject to certain conditions, the jurisdiction of the Tribunal to other international inter-governmental organisations.
24. The Conference accepted the Committee's Report and the proposals on the various matters dealt with therein.
REPORTS ON THE APPLICATION OF CONVENTIONS
(Item III of the Agenda)
25. The Committee set up by the Conference to deal with this item of the agenda had before it the Report of the Committee of Experts on the Application of Conventions; Reports on the application of Conventions submitted by Governments, in accordance with Article 22 of the Constitution; the Annual Reports received from certain Governments too late for examina- tion by the Committee of Experts; supplementary information received from certain Governments in reply to observations made by the Committee of Experts or by the Sub-Committee set up to study Reports received too late for examination by the Experts; tables originally presented by Sir John Forbes Watson and brought up to date by the International Labour Office, the first showing the position of each country in respect of the ratification of Conventions and the second showing the Conventions voted for by Governments but not ratified; a Resolution concerning the application of International Labour Conventions and Recommendations in American countries adopted at Montevideo in April-May, 1949, by the Fourth Confer- ence of American States Members of the International Labour Organisation ; and proposals regarding the enforcement of the obligations under Article 22 of the Constitution, submitted by the Committee of Experts in a Supple- mentary Report to the Governing Body of the International Labour Office and communicated by the latter to the Conference. The Committee also heard a number of Government representatives who wished to make explanations on the reasons for the delay or omission in sending all or some of the Reports due under Article 22 of the Constitution, as well as from Government repre- sentatives who wished to supply information regarding the observations made by the Committee of Experts and by its own Sub-Committee in regard to the Reports submitted by Governments.
26. In the course of Its general discussion, the committee concerned itself particularly with the supervision of the application of ratified Conventions and with the appropriate means to ensure this supervision. The Committee
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11
expressed Pegeanest afp0hat the Govenger8444 fuldt fail to find solutions of these problems. The Committee was also deeply concerned with the slackening in the progress of ratifications, and views were exchanged on the reasons for this. Finally, the Committee devoted a number of sittings to the question of the application of Conventions in non-metropolitan territories. In its detailed observations on points raised by the Committee of Experts, the Committee expressed its thanks to the United Kingdom Government which, in accordance with the new procedure established by the Governing Body, had supplied very complete and very detailed informa- tion on the application of ratified Conventions in the non-metropolitan territories administered by it.
27. The Conference adopted the Committee's Report.
INDUSTRIAL
RELATIONS
(Items IV and V of the Agenda)
28. The 31st Session of the Conference had decided to include on the Agenda of the 32nd Session for second discussion the question of the application of the principles of the right to organise and to bargain col- lectively, and to include certain other questions-collective agreements, conciliation and arbitration, and co-operation between public authorities and employers' and workers' organisations-on the Agenda of the 32nd Session of the Conference for first discussion.
29. The Committee set up to consider these matters dealt first with the proposed international regulations on the application of the principles of the right to organise and to bargain collectively. These regulations were designed to supplement the Convention on Freedom of Association and Protection of the Right to Organise (No. 87) which was adopted at the 31st Session. As finally adopted by the Committee and the Conference they are designed to protect workers against anti-union discrimination in respect of their employment and provide other guarantees designed to protect the right to organise into trade unions and employers' organisations. They further provide among other things for encouraging and promoting the full development and utilisation of machinery for voluntary negotiation.
30. The Committee began by discussing generally whether the regulations should take the form of a Convention or of a Recommendation. This proved to be one of the questions on which the Committee was unable to reach a united view. The workers' members declared themselves to be in favour of a Convention. In the employers' view, the object of the proposed instrument would be more effectively secured by means of a Recommenda- tion. The United Kingdom Government member considered that it would be desirable to adopt a Convention and, with other Government members, stressed the international responsibility under which the Conference was placed by reason of the question having been referred to the International Labour Organisation by the United Nations. In the final issue, the inter- national regulations were adopted in the form of a Convention.
31. As at the 31st Session of the Conference, divergent views were expressed as to whether the liberty of the worker not to exercise his right to associate if he so desired should be explicitly safeguarded by international regulationPaThe8emplofethembers in prima84gof your of a provision of this kind which was, however, opposed by the workers' members on the grounds that it was unnecessary and would have the effect of encouraging workers not to organise. No reference to this issue was
12
embodied Phathe Sex of the9Convention as finally roommended to the Conference and the Committee agreed to express in their Report their view that the Convention could in no way be interpreted as authorising or prohibiting union security arrangements, such matters being a question for regulation in accordance with national practice.
32. Perhaps the most obstinate problem which the Committee had to face dealt with the position of public officials under the Convention. In view of the many difficulties and divergencies of view which were expressed, the Committee finally decided unanimously to recommend to the Conference an Article which places public officials outside the scope of the Convention but which also provides that the Convention shall not be construed as prejudicing their rights or status in any way.
33. The Committee also agreed to insert a provision to the effect that the extent to which the guarantees provided for in the Convention shall apply to the Armed Forces and the Police shall be determined by national laws or regulations.
34. The Convention was finally adopted by the Conference by 115 votes for to 10 against. The United Kingdom Government and workers' repre- sentatives voted for the Convention. The employers' representative voted against.
35. On the second matter before it-the question of collective agreements, conciliation and arbitration and collaboration between public authorities and employers' and workers' organisations—the Conference adopted the following Resolution :
"The Conference expresses the desire that the question of industrial relations comprising collective agreements, conciliation and arbitration and co-operation between public authorities and employers' and workers' organisations should be put on next year's agenda.
It requests the Governing Body to review the agenda of the 1950 Conference with a view to determining whether it would be desirable to modify this agenda by postponing one of the other items thereon.'
LABOUR CLAUSES IN PUBLIC CONTRACTS
(Item VI of the Agenda)
""
36. The Committee on Wages, which considered Item VI of the agenda, had before it the text of a proposed Convention and of a proposed Recom- mendation on labour clauses in public contracts. The considerations which arose had been examined at a first discussion at the 31st Session of the Conference, and the task of the Committee was now to give final form to the international regulations on this matter. As regards the Conven- tion, there was considerable discussion on whether the objects for which the instrument was designed might not be more properly achieved by means of a Recommendation. It was, however, finally decided that the view of the 31st Session of the Conference in this matter should be upheld. The Convention as finally adopted did not alter the essential nature of the conclusions previously adopted.
37. The Convention was finally adopted by 115 votes for to 9 against. The United Kingdom Government and workers' representatives voted for
the Convention the employers representative voted against97
38. The Recodation on labour clauses in public contracts dealt first with the extension, to the cases where private employers are granted subsidies or are licensed to operate a public utility, of provisions substantially
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13:
Page 846.
Page 846. similar to those in the labour clauses in public contracts. Secondly, the Recommendation provided that labour clauses in public contracts should contain reference to detailed matters concerning wages, hours of work and holiday and sick leave provisions. The United Kingdom Government repre- sentative argued that these latter proposals were too detailed for international regulations and that their adoption would be inconsistent with the Conven- tion on this subject which the Committee had recommended to the Con- ference for adoption. The Committee, however, voted by a narrow majority in favour of the inclusion of these questions in the Recommendation. The Conference adopted the Recommendation by 107 votes for to 21 against. The United Kingdom workers' representative voted for the Recommendation, the employers' representative voted against and the Government repre- sentatives abstained.
PROTECTION OF WAGES
(Item VII of the Agenda)
..
39. The Committee on Wages considered the draft text of a Convention and of a Recommendation on the protection of wages. As was the case with the instruments dealing with labour clauses in public contracts, this matter also had been the subject of first discussion at the 31st Session.. of the International Labour Conference and the object of the Committee was to recommend to the Conference the final form which the instruments should take.
.
40. As regards the Convention, the Committee took the view that the original proposals made at the 31st Session regarding the possibility of exclusions from the Convention by the competent authority were too wide in character and they agreed certain restrictions on the right to exclude categories of persons from the operation of the Convention. Under the Convention as finally adopted the only categories of persons who may be excluded from its scope are non-manual workers and workers employed in. domestic service. The suggestion was made that exclusion should not be permitted in the case of persons employed in domestic service or work similar thereto. This view was not, however, upheld by the Committee particularly since the whole question of the status and employment of domestic workers is to be separately considered by the International Labour Conference.
41. The draft text of the Convention permitted in certain circumstances the partial payment of wages in the form of allowances in kind. The Committee agreed that in no circumstances could this mean that the pay- ment of wages in the form of noxious drugs might be permitted. There was, however, a difference of opinion regarding the payment of wages in the form of alcoholic drinks. The difference of opinion arose from difficulties of definition and because of the undesirability of preventing the practice of furnishing refreshments, where this was considered normal and resulted in no abuses. The Committee finally decided to recommend to the Conference that the instrument to be adopted should not prohibit such partial payments. in kind. The matter was, however, raised in the plenary session of the Conference when the Committee's Report was under discussion, and the Con- ference accepted an amendment to the proposed text of the Convention "pro- viding that the
of wages in the form of liquor of high alcoholic content shall not in any circumstances. OfThe Committee
be agreed that the Convention should establish the principle that workers should be free from any coercion to make use of works stores and by a
!
12
of the
embodied in the tetonas finally recommended to the
Conference and the Committee agreed to express the Report their view
in that the Convention could in no way be interpreted as authorising or prohibiting union security arrangements, such matters being a question for regulation in accordance with national practice.
32. Perhaps the most obstinate problem which the Committee had to face dealt with the position of public officials under the Convention. In view of the many difficulties and divergencies of view which were expressed, the Committee finally decided unanimously to recommend to the Conference an Article which places public officials outside the scope of the Convention but which also provides that the Convention shall not be construed as prejudicing their rights or status in any way.
33. The Committee also agreed to insert a provision to the effect that the extent to which the guarantees provided for in the Convention shall apply to the Armed Forces and the Police shall be determined by national laws or regulations.
34. The Convention was finally adopted by the Conference. by 115 votes for to 10 against. The United Kingdom Government and workers' repre- sentatives voted for the Convention. The employers' representative voted against.
35. On the second matter before it-the question of collective agreements, conciliation and arbitration and collaboration between public authorities and employers' and workers' organisations-the Conference adopted the following Resolution:
The Conference expresses the desire that the question of industrial relations comprising collective agreements, conciliation and arbitration and co-operation between public authorities and employers' and workers' organisations should be put on next year's agenda.
It requests the Governing Body to review the agenda of the 1950 Conference with a view to determining whether it would be desirable to modify this agenda by postponing one of the other items thereon.'
LABOUR CLAUSES IN PUBLIC CONTRACTS
(Item VI of the Agenda)
36. The Committee on Wages, which considered Item VI of the agenda, had before it the text of a proposed Convention and of a proposed Recom- mendation on labour clauses in public contracts. The considerations which arose had been examined at a first discussion at the 31st Session of the Conference, and the task of the Committee was now to give final form to the international regulations on this matter. As regards the Conven- tion, there was considerable discussion on whether the objects for which the instrument was designed might not be more properly achieved by means of a Recommendation. It was, however, finally decided that the view of the 31st Session of the Conference in this matter should be upheld. The Convention as finally adopted did not alter the essential nature of the conclusions previously adopted.
37. The Convention was finally adopted by 115 votes for to 9 against. The United Kingdom Government and workers' representatives voted for the Convention; the employers' representative voted against.
38. The Recommendation or labour clayses in public gontracts dealt first with the extension, to the cases where private employers are granted subsidies or are licensed to operate a public utility, of provisions substantially
424
13.
similar to 848the 110027 clauses in public of 100dly, the
Page of
848 1097
Recommendation provided that labour clauses in public contracts should contain reference to detailed matters concerning wages, hours of work and holiday and sick leave provisions. The United Kingdom Government repre- sentative argued that these latter proposals were too detailed for international regulations and that their adoption would be inconsistent with the Conven- tion on this subject which the Committee had recommended to the Con- ference for adoption. The Committee, however, voted by a narrow majority in favour of the inclusion of these questions in the Recommendation. The Conference adopted the Recommendation by 107 votes for to 21 against. The United Kingdom workers' representative voted for the Recommendation, the employers' representative voted against and the Government repre- sentatives abstained.
PROTECTION OF WAGES
(Item VII of the Agenda)
:
39. The Committee on Wages considered the draft text of a Conventions and of a Recommendation on the protection of wages. As was the case with the instruments dealing with labour clauses in public contracts, this matter also had been the subject of first discussion at the 31st Session.. of the International Labour Conference and the object of the Committee was to recommend to the Conference the final form which the instruments. should take.
40. As regards the Convention, the Committee took the view that the original proposals made at the 31st Session regarding the possibility of exclusions from the Convention by the competent authority were too wide in character and they agreed certain restrictions on the right to exclude- categories of persons from the operation of the Convention. Under the Convention as finally adopted the only categories of persons who may be excluded from its scope are non-manual workers and workers employed in. domestic service. The suggestion was made that exclusion should not be permitted in the case of persons employed in domestic service or work similar thereto. This view was not, however, upheld by the Committee particularly since the whole question of the status and employment of domestic workers is to be separately considered by the International Labour Conference.
41. The draft text of the Convention permitted in certain circumstances the partial payment of wages in the form of allowances in kind. The Committee agreed that in no circumstances could this mean that the pay- ment of wages in the form of noxious drugs might be permitted. There was, however, a difference of opinion regarding the payment of wages in the form of alcoholic drinks. The difference of opinion arose from difficulties of definition and because of the undesirability of preventing the practice of furnishing refreshments, where this was considered normal and resulted in no abuses. The Committee finally decided to recommend to the Conference that the instrument to be adopted should not prohibit such partial payments. in kind. The matter was, however, raised in the plenary session of the Conference when the Committee's Report was under discussion, and the Con- ference accepted an amendment to the proposed text of the Convention "pro- viding that the payment of wages in the form of liquor of high alcoholic content Bhalle 848be frented in any circumsta48' of The9Committee agreed that the Convention should establish the principle that workers should be free from any coercion to make use of works stores and by a
14
A to the
to
effect that where other stores or services was not possible, appro- priate measures should be taken with the object of ensuring either that goods were sold and services provided at fair and reasonable prices, or that stores established and services operated by the employer were not operated for the purpose of securing a profit, but for the benefit of the workers concerned.
42. The Conference adopted the Convention as amended by 107 votes for to 17 against. The United Kingdom Government and workers' representa- tives voted for the Convention; the employers' representative voted against.
43. The Recommendation supplementing the provisions of the Convention gave rise to a considerable discussion in the Committee. Two points were of particular importance. The draft Recommendation contained provisions which went into considerable detail regarding the periodicity of wage payments. The United Kingdom Government representative moved the deletion of these provisions; the Committee accepted one of the amendments but rejected the others by narrow margins. The Recommendation also con- tained certain provisions regarding the encouragement of arrangements for the association of representatives of the workers concerned in the general administration of works stores or similar services, established in connection with the undertaking, for the sale of commodities to the workers thereof. The employers' members of the Committee resisted the inclusion of these provisions on the ground that they introduced a political element which was undesirable, and that the matter should be left, as far as possible, to develop naturally between the parties concerned. The Committee recom- mended the inclusion of these provisions in the text of the proposed Recommendation.
44. The Conference adopted the Recommendation by 106 votes for to 24 against. The United Kingdom Government and workers' representatives voted for the Recommendation; the employers' representative voted against.
WAGES-GENERAL REPORT
(Item VIII of the Agenda)
45. The Committee set up by the Conference to consider this item was the same as that set up to consider items VI and VII on the agenda of the Conference. In connexion with item VIII, it had before it the General Report on Wages and four proposed Resolutions: one on systems of payment by results submitted by the Belgian Government member; one on the dis- missal wage, presented by the Indian workers' member; one on further studies in the field of wages, presented by the workers' members of the Committee; and one on the minimum wage, presented by the Cuban Govern- ment member. In view of the short time available after dealing with the two other items on its Agenda, the Committee was unable to give the necessary full and detailed consideration to the important problems raised in the General Report and in the Resolutions before it. In the circumstances, it proposed to the Conference the adoption of a Resolution inviting the Governing Body to take note of the problems referred to in the General Report and in the four proposed Resolutions, with a view to deciding which of them sholage 849dff007, and to age849fim7time which of them might appropriately be placed on the agenda of future Sessions of the Conference or of other meetings held under the auspices of the Organisation.
Page 850 VOCATIONAL GUIDANCE850 of 1097
(Item IX of the Agenda)
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15
46. The question of vocational guidance had been considered by the 31st Session of the International Labour Conference and the task of the Committee set up to consider the matter was to recommend to the Conference the final form which the international regulations on this subject might take. It was generally agreed that the international regulations should take the form of a Recommendation, but there was a difference of view regarding the extent of the detail into which the Recommendation should enter. The Committee was, however, able to agree upon four general principles which should underlie the proposed Recommendation. These were as follows:
Vocational guidance is a continuous process which starts during schooling, but the fundamental principles of which remain the same irrespective of the age of the individual seeking advice ;
Vocational facilities and services can only be established and developed
in progressive stages;
Systems of vocational guidance must be adapted to the needs of different
countries; and
Vocational guidance must be based upon the free and voluntary choice of the individual, and must have as its primary object the development of his personality, and the aim that he should derive full satisfaction from his work.
In addition to a statement of these principles, the Recommendation finally put forward by the Committee contained sections relating to the principles and methods of vocational guidance for young persons, including those at school; principles and methods of vocational guidance for adults (employment counselling); principles of administrative organisation regarding the arrange- ments for young persons, including those in school, and for adults; training of officers; and research and publicity.
47. The Conference adopted the proposed Recommendation by 145 votes for to none against. The United Kingdom Government, employers' and workers' representatives all voted for the Recommendation.
48. The Committee also put forward for adoption by the Conference a Resolution, in which the Conference recommended to the Governing Body certain action in co-operation with the United Nations Educational, Scientific and Cultural Organisation for furthering the implementation of the Recom- mendation on vocational guidance.
49. The Committee's Report was accepted by the Conference.
REVISION OF THE FEE-CHARGING EMPLOYMENT AGENCIES CONVENTION
(Item X of the Agenda)
50. This question had been discussed by the 31st Session of the Conference. On that occasion an amendment had been presented, the effect of which was to eliminate the principle of the progressive abolition of profit-making agencies and to limit the Convention to the regulation of all fee-charging agencies. As a result of the discussion and action which followed this amend- ment, the Ragference Dually decided to place agemarter Oh kthe9 agenda of the 32nd Session of the Conference for further discussion.
16
submitted
51. In the light of replies to a questionnaire to Governments, and of the discussion which took place at the 31st Session of the Conference, the Office
the revised text of the Convention. This revised text was of particular significance. It provided alternative bases on which the Convention might be ratified. Members might accept the provisions relating to the progressive abolition of profit-making employment agencies and the regulation of other agencies. Alternatively they might accept provisions relating to the regulation of profit- making and non-profit-making fee-charging employment agencies. Moreover, a Member which had ratified the Convention on the basis of regulation might subsequently adopt the provisions relating to abolition, but having once accepted abolition could not adopt or revert to regulation and still remain within the terms of the Convention.
52. This proposal was the main matter of discussion in the Committee set up to consider this item on the Agenda of the Conference. The United Kingdom workers' member pointed out that the workers were primarily concerned with achieving a Convention which would be effective and, even though they continued to be actively opposed to the continuance of fee- charging agencies, they were prepared to make a sacrifice in the interests of finding a constructive solution to the difficulties encountered in revising the Convention, and to support, with minor amendments, the compromise text submitted by the Office, which seemed to them realistic in the circum- stances. The employers' members stated that they were prepared, in principle, to support the Office text, subject to certain amendments which they planned to submit at the appropriate stage. The Office text was also supported by the Government members of Canada, India, New Zealand, the United Kingdom and the United States, on the grounds that it seemed to be a realistic method of meeting actual conditions. The Belgian and French Government members, however, considered that it would be a grave danger to the I.L.O. to adopt a Convention which contained two unequal alternatives and which asked the Governments to accept one or the other of them. In the text of the revised Convention as finally presented to the Conference by the Committee, the general lines of the text presented by the International Labour Office for the consideration of the Committee were retained.
53. The revising Convention was adopted by the Conference by 108 votes for to 19 against. The United Kingdom Government and workers' representatives voted for the Convention; the employers' representative abstained.
MIGRATION FOR EMPLOYMENT
(Item XI of the Agenda)
54. The Committee set up to consider this item on the Agenda had before it a revised text of Convention No. 66 together with the draft of a proposed new Convention concerning the importation of the personal effects and tools of migrants for employment, as well as the text of a revised Recommendation to take the place of Recommendations Nos. 61 and 62. These texts had been drafted on the basis of Government replies to questionnaires and the deliberations of the Permanent Migration Committee of the International Labour Office.
55. At the beginning off the Conference the United States Government representative presented a proposed text a Convention to take the place of the texts of the two Conventions proposed by the International Labour Office on the basis of the consideration hitherto given to this
426
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matter.
Page 852, Which was taken in de bete history
es kn
actio of the discussions on this question and the desirability of attempting a new approach if the deliberations of the Conference were to lead to practical and widely acceptable results, was welcomed by the Committee of the Conference set up to consider the question of the migration of workers. The Committee, in fact, agreed, by 68 votes for to 1 against, to use the United States text as the basis of the discussion of the proposed Convention.
56. This decision of the Committee was of particular importance, since the United States text contained an innovation in the practice of the Inter- national Labour Organisation. The Convention proper concerned itself with the general principles which should govern migration for employment; there were, in addition, three Annexes containing more detailed provisions regard- ing (1) migrants for employment recruited otherwise than under Government- sponsored arrangements for group transfer; (2) recruitment, placing and conditions of labour of migrants for employment recruited under Govern- ment-sponsored arrangements for group transfer; and (3) importation of the personal effects, tools and equipment of migrants for employment. Under the terms of the Convention Members might ratify it excluding from its ratification any or all of the Annexes to the Convention. In cases where the Annexes were excluded from the ratification, a Member might, if it so desired, declare its willingness to accept any of the Annexes as having the force of a Recommendation. In addition to proposing to the Conference the adoption of a Convention following the broad lines of the United States draft, the Committee also proposed to the Conference the text of a Recommendation to which was annexed a Draft Model Agreement on tem- porary and permanent migration for employment, including migration of refugees and displaced persons.
+
57. The Convention was adopted by 113 votes for to 14 against, and the Recommendation by 112 votes for to 13 against. The United Kingdom Government, employers' and workers' representatives all voted for both instruments.
PARTIAL REVISION OF CONVENTIONS NOS. 70, 72, 75 AND 76
(Item XII of the Agenda)
58. The Committee set up to consider this item on the Agenda had before it for examination a number of amendments to certain of the maritime Conventions adopted at the Seattle Conference, which had been formulated by the tripartite Sub-Committee of the Joint Maritime Commission of the International Labour Organisation which had met in Geneva in December, 1948. The Commission had asked that these amendments should be con- sidered by the Conference because there seemed no early prospect of a session of the International Labour Conference which would be devoted exclusively to maritime questions.
59. The first proposed amendment concerned the Social Security (Sea- farers) Convention, 1946 (No. 70) and related to the rate of allowance to be paid to a sick or injured seaman left abroad. After consideration, the Committee recommended that the Convention should remain unchanged.
60. The Committee then considered amendments to the Paid Vacations (Seafarers) Convention, 1946 (No. 72) in respect of (a) continuous service and (b) subsistenceadowanesl 09he Committee dagde at demend any change in the Convention on the former point. A workers' amendment to Article 5 paragraph 2 of the Convention, which retained a reference to a subsistence allowance, was adopted.
18
61. A number of proposals were made for the revision of the Accommoda- tion of Page&emiol. 01946 (No. 75)Page Sis wisl 09 add to the Convention a provision framed to permit progress in the design of ships, that the requirements in regard to accommodation may be varied in the case of any ship, if the competent authority is satisfied, after consultation with the organisations of shipowners and/or the shipowners and with the bona fide trade unions of seafarers, that the variations to be made provide corresponding advantages as a result of which the overall conditions are not less favourable than those which would result from the full application of the provisions of the Convention. It was further decided that particulars of all such variations shall be communicated by the Member to the Director-General of the International Labour Office, who shall notify the Members of the International Labour Organisation. The Committee then pro- posed an amendment to the Convention to deal with the ventilation of ships regularly engaged on voyages in the tropics and the Persian Gulf. Thirdly it was agreed to recommend an amendment empowering the competent authority, after proper consultation, to grant permission to accommodate up to ten ratings per sleeping room in the case of certain passenger ships. The fourth amendment was a drafting amendment relating to the arrangement of berths in tiers. Finally, the Committee proposed substantial amendments to Article 18 of the Convention to cover a weakness in the Convention as adopted at the 28th Session of the Conference. As the text stood, a ship built after the Convention became operative and transferred to the register of a country which had ratified the Convention would have to be treated as a new ship, whereas, in the United Kingdom view, the intention at the Seattle Conference had been to treat it as an existing ship which had to be brought up to the Convention's standards, as far as was considered possible having regard to the practical problems involved. The difficulty arose in the case where the transfer was from a country which had not ratified the Convention, where the crew accommodation might not be strictly in con formity in every detail with the standards laid down in the Convention, and might have to be unnecessarily altered to conform to them. The Committee agreed to recommend to the Conference an amendment to the Convention to remove this anomaly.
CC
62. As regards the Wages, Hours of Work and Manning (Sea) Convention, 1946 (No. 76), an amendment was proposed in respect of the consistent working of overtime. In addition, the period for the denunciation of the Convention was also on the Agenda of the Conference. On the former point, the Committee proposed an amendment to the paragraph so that it read as follows: The consistent working of overtime shall be avoided wherever possible ”. On the latter point, the Committee proposed an amendment to Article 27 permitting a Member having ratified the Con- vention to denounce it after the expiration of five years from the date on which the Convention came into force, instead of ten years as was the case in the original Convention. The Committee proposed this amendment on the clear understanding that this change was being made only in the case of Convention No. 76, and the workers' members emphasised that this decision must not be taken as a precedent for any subsequent Conventions.
63. In the light of the recommendations of the Committee, the Conference adopted thagdede toons. The Pageacon (@arers) Con- vention (Revised), 1949, was adopted by 85 votes for to 20 against. The United Kingdom Government and workers' representatives voted for this Convention; the United Kingdom employers' representative voted against.
1
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64. The Adaamaton ffleys ConventionReis&414,197dopted by 85 votes for to 19 against. The United Kingdom Government and workers' representatives voted for; the United Kingdom employers' representative abstained.
65. The Wages, Hours of Work and Manning (Sea) Convention (Revised), 1949, was adopted by 84 votes for to 24 against. The United Kingdom Government and workers' representatives voted for; the United Kingdom employers' representative voted against.
TECHNICAL ASSISTANCE FOR ECONOMIC DEVELOPMENT
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66. On 4th March, 1949, the Economic and Social Council of the United Nations, following up a statement made by the President of the United States in his " inaugural address adopted a Resolution concerning technical assistance for economic development in which it requested the Secretary- General of the United Nations, in consultation with the executive heads of the interested Specialised Agencies through the Administrative Committee on Co-ordination, and taking into consideration the suggestions of Member Governments, to prepare a Report for the 9th Session of the Council setting forth: (1) a comprehensive plan for an expanded co-operative programme of technical assistance for economic development through the United Nations and its Specialised Agencies, paying due attention to questions of a social nature which directly condition economic development; (2) methods of financing such a programme, including special budgets; and (3) ways of co-ordinating the planning and execution of the programme.
67. At its 109th Session, the Governing Body of the International Labour Office had before it the Report prepared by the Secretary-General of the United Nations. In view of the scope and magnitude of the proposed technical assistance programme and the desirability of ensuring that the International Labour Organisation should be in a position to play its full part in the programme from the beginning, the Governing Body decided to bring the subject to the attention of the Conference and to ask the authority of the Conference for the participation of the Organisation in the programme.
68. The subject was remitted for consideration by the Selection Committee of the Conference and the Committee submitted a report to the Conference, together with a proposed Resolution. In the Report, the Selection Com- mittee set out certain general principles which, in its view, should be followed in the organisation of an expanded, co-operative programme of technical assistance and gave some indications of the preferences and priorities which should be observed in developing the I.L.O. contribution to the pro- gramme, as well as of the administrative and financial methods which would seem best calculated to ensure the success of the programme. The primary purpose of the programme, it was stated, should be to contribute to those increases in production and in opportunities for employment in the less developed countries of the world, which were essential to the raising of living standards in those countries, and which would help at the same time to raise standards of living in the world as a whole. It was vital to the success of the grogammes thereport went Pngth&5ach finased pro- duction should Be used to raise steadily and progressively the level of con- sumption in the countries concerned. The wealth that would result from the development of national resources through the mobilisation of human
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intelligence and experience must be used Polift he conditions of life and labour of the masses of the people. The Report pointed out that as thẹ Organisation representative of the parties in industry as well as of Govern- ments, the International Labour Organisation would have a special oppor tunity and responsibility both to direct its technical assistance activities towards the achievement of these ends and to promote a wider understanding of the need for increased production.
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69. The Conference adopted the Report of the Committee as well as the proposed Resolution which authorised the Governing Body, in the event of its being possible to initiate an expanded programme of technical assistance for economic development before the 33rd Session of the Conference and pending the submission of more detailed proposals to the Conference at that session, to make, in consultation with States Members and with the United Nations, and particularly with the Economic and Social Council, and with other Specialised Agencies, such interim arrangements as may be appro- priate to permit the I.L.O. to initiate such an expanded programme as part of the co-operative programme contemplated by the Economic. and Social Council, and to obtain and to expend the necessary funds therefor.
STANDING ORDERS
70. The Standing Orders Committee had before it proposals on the following questions, which were submitted to the Conference by the Governing Body:
(1) Inclusion, in questionnaires addressed to Governments concerning proposed Conventions, of a question concerning the situation in federal States. The Committee decided to defer the adoption of a provision embodying in the Standing Orders the substance of a Governing Body resolution directing the Office to include in the questionnaires addressed to Governments concerning proposed Conventions, a question requesting federal States to indicate whether the subject matter of the proposed Convention would be regarded by them as being appropriate for federal action, or appropriate, in whole or in part, for action by the constituent units of the Federation. The Committee's decision was taken in the light of a declaration by the representative of the United States who pointed out the serious difficulties which the adoption of the pro- posed text would have for his Government. The object of the deferment to the next Session of the Conference of the embodiment of the principle in the Standing Orders was to enable the federal States in the meantime to adjust the methods by which they could best give effect to this principle. It was understood that meanwhile the Office should include a question in the questionnaires in accordance with the Governing Body Resolution, in order to gain experience.
(2) Procedure for requests to the International Court of Justice for advisory opinions.. The Committee recommended to the Conference that it should grant to the Governing Body, in advance and in a general form, an authorisation to request advisory opinions of the International
•Court Pofolusie of leg7questions Prising within fthe scope of the activities of the International Labour Organisation, other than questions concerning the mutual relationships of the Organisation and the United Nations or other Specialised Agencies. The right of the Governing
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Body to request such opinions, in pursuance of an authorisation by the Conferences defedl 09 Article 9 of thegagement between the United Nations and the International Labour Organisation.
(3) Participation of representatives of the United Nations and other official international organisations in the deliberations of the Governing Body and the Conference. The Committee recommended to the Confer- ence certain modifications of its Standing Orders in order to bring them into line with the Agreement between the United Nations and the International Labour Organisation.
(4) Circumstances 'in which a record vote can be taken after a vote by show of hands. The Committee recommended to the Conference certain amendments to the Standing Orders to clarify the position con- cerning the occasions on which a record vote might be taken. The Committee at the same time suggested amendments to the Standing Orders of the Conference regarding the manner in which a record vote might be requested.
(5) Miscellaneous drafting amendments. The Committee, in agreement with the views expressed by the Governing Body, considered it desirable to take advantage of the revision of the Standing Orders to clear up certain points of a purely drafting nature.
71. The Conference adopted the Report of the Committee.
RESOLUTIONS
72. The Resolutions Committee of the Conference considered first a pro- posed Resolution concerning annual holidays with pay and recreation, submitted by the Czechoslovak delegation. Having discussed the Resolution, and having amended it as a result of discussion with the representative of the Czechoslovak Government, the Committee decided without opposition to recommend that the Conference should adopt a Resolution on this subject, the operative part of which proposed certain action by the Governing Body in relation to the subject of annual holidays with pay and recreation, including the collection of essential information and the possibility of early consideration by the Conference of a part of the subject.
73. The Czechoslovak delegation also presented a draft Resolution con- cerning unemployment. The Committee, having amended the proposal as a result of discussion with the representative of the Czechoslovak Government, proposed to the Conference the adoption of a Resolution on this subject. The Resolution as put forward by the Resolutions Committee requested the Governing Body: (1) to give consideration to instructing the Director- General to prepare, without delay, a comprehensive report on the problem of unemployment and detailed a number of points regarding which informa- tion should, so far as possible, be included in the report; (2) to consider the possibility of placing on the Agenda of an early Session of the Conference the question of unemployment, with a view to achieving fuller and more effective use of manpower, both within each nation and internationally; and (3) to instruct the International Labour Office, in connexion with its man- power programme fat to continue to follow questions of employment and unemployment with the closest of attention; (b) to 88-operate with the United Nations and the Specialised Agencies concerned in the reporting and analysis of employment and unemployment and in the formulation of recommen- dations to combat unemployment.
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74. The workers' delegate of Panama had submiged to the Conference a
tof Resolution relating to labour problems existing in the Canal Zone of the
thep Republic of Panama. The United States Government Member gave the Committee information on the programme initiated in 1947 for raising the labour standards and living conditions of the workers in the Panama Canaì Zone who were not citizens of the United States and stated that there was every reason to believe that in the near future negotiations being conducted between the United States Government and the Panamanian Government would result in an agreement as to the method to be used in making a report on labour conditions in the Zone and that the report would be available to the Conference at its 1950 Session. After an exchange of views it was agreed that the Committee should recommend that the record of the discussion in the Committee should be referred to the Director-General with the request that he should continue to keep in touch with the United States Government in regard to the matter.
75. The Polish delegation had submitted to the Conference a proposed Resolution concerning equal remuneration for work of equal value for men and women workers. In submitting the proposed Resolution the Polish Government representative urged that the Committee should recommend to the Conference that the question should be considered in 1950 in accordance with the single discussion procedure. The proposed Resolution was supported by the Czechoslovak Government member. Other members of the Committee were, however, of the opinion that while the subject was one of great importance, the adoption of the proposed Resolution by the Conference would not be expedient. It was emphasized that the Governing Body had placed the question on the Agenda of the 1950 Conference for double discussion and that this decision had been reached after due deliberation and con- sideration of all aspects of the matter. The Committee finally decided, the Czechoslovak Government member voting against, to report to the Conference that it considered that the adoption of the Resolution was not expedient, all members of the Committee being in agreement in regard to the importance of the subject which had already been included in the Agenda of the Conference by the Governing Body for double discussion.
76. The Polish delegation also submitted a proposed Resolution suggest- ing that certain amendments should be made in the Constitution of the International Labour Organisation. A proposed Resolution on the same subject submitted by the Czechoslovak delegation was withdrawn by that delegation in favour of the proposed Resolution of the Polish delegation. The proposed Resolution dealt with a number of points fundamental to the Constitution of the Organisation, including the relative representation of Government, employers and workers in national delegations to the Inter- national Labour Conference, and the Committee decided, with two dis- sentient votes-those of the Czechoslovak Government member and the Hungarian Government member-to report to the Conference that it con- sidered that the adoption of the Resolution was not expedient, since the questions dealt with in it were decided by the Conference after full debate as recently as 1946.
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77. The Supreme Commander for the Allied Powers in Japan was repre- sented at the Conference by an observer. Japan was represented as an observer by a tripartite delegation of Government, employers' and workers' representatives.
RENATIONS WITA9ØTHER ORGANKATIOŃs 097
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78. The following international organisations were represented at the Conference: the United Nations; the Food and Agriculture Organisation of the United Nations; the International Monetary Fund; the International Refugee Organisation; the World Health Organisation; the United Nations Educational, Scientific and Cultural Organisation; the Inter-American Con- federation of Workers; the International Co-operative Alliance; the Inter- national Federation of Christian Trade Unions; and the World Federation of Trade Unions.
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TEXTS
79. The texts of the Conventions and Recommendations adopted by the Conference are given in Appendix II. The texts of the Resolutions are given in Appendix III.
(Signed)
GUILDHAUME MYRDDIN-Evans.
WILLIAM TAYLOR.