TNAG-1519-FCO40-2080-Employment-in-Hong-Kong-1986 — Page 19

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Constitutional Documents

International Labor Organization

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CONSTITUTION OF THE INTERNATIONAL LABOR ORGANIZATION'

1919, as amended 1922, 1945, 1946, 1953, 1962

Preamble

Whereas universal and lasting peace can be established only if it is based upon social justice;

And whereas conditions of labor exist involving such injustice, hard- ship and privation to large numbers of people as to produce unrest so great that the peace and harmony of the world are imperilled; and an improve- ment of those conditions is urgently required: as, for example, by the regulation of the hours of work, including the establishment of a maximum working day and week, the regulation of the labor supply, the prevention of unemployment, the provision of an adequate living wage, the protection of the worker against sickness, disease and injury arising out of his employ- ment, the protection of children, young persons and women, provision for old age and injury, protection of the interests of workers when employed in countries other than their own, recognition of the principle of equal re- muneration for work of equal value, recognition of the principle of freedom of association, the organization of vocational and technical education and other measures;

Whereas also the failure of any nation to adopt humane conditions of labor is an obstacle in the way of other nations which desire to improve the conditions in their own countries;

The High Contracting Parties, moved by sentiments of justice and humanity as well as by the desire to secure the permanent peace of the world, and with a view to attaining the objectives set forth in this Pre- amble, agree to the following Constitution of the International Labor Organisation:

Chapter I. Organization

Art. 1. 1. A permanent organization is hereby established for the pro- motion of the objects set forth in the Preamble to this Constitution and in

1 Constitution of the International Labor Organization and Standing Orders of the International Labor Conference. International Labor office, Geneva, 1969. Supplied by them in March 1971. Ed

the Declaration concerning the aims and purposes of the International Labor Organization adopted at Philadelphia on 10 May 1944 the text of which is annexed to this Constitution.

2. The Members of the International Labor Organization shall be the States which were Members of the Organization on 1 November 1945, and such other States as may become Members in pursuance of the provisions of paragraphs 3 and 4 of this article.

3. Any original Member of the United Nations and any State admitted to membership of the United Nations by a decision of the General Assembly in accordance with the provisions of the Charter may become a Member of the International Labor Organization by communicating to the Director- General of the International Labor Office its formal acceptance of the obligations of the Constitution of the International Labor Organization. 4. The General Conference of the International Labor Organization may also admit Members to the Organization by a vote concurred in by two thirds of the delegates attending the session, including two thirds of the Government delegates present and voting. Such admission shall take effect on the communication to the Director-General of the International Labor Office by the government of the new Member of its formal ac- ceptance of the obligations of the Constitution of the Organization.

5. No Member of the International Labor Organization may with- draw from the Organization without giving notice of its intention so to do to the Director-General of the International Labor Office. Such notice shall take effect two years after the date of its reception by the Director-General subject to the Member having at that time fulfilled all financial obligations arising out of its membership. When a Member has ratified any inter- national labor Convention, such withdrawal shall not affect the continued validity for the period provided for in the Convention of all obligations arising thereunder or relating thereto.

6.

In the event of any State having ceased to be a Member of the Organization, its readmission to membership shall be governed by the provisions of paragraph 3 or paragraph 4 of this article as the case may be.

Art. 2. The permanent organization shall consist of:

(a) a General Conference of representatives of the Members; (b) a Governing Body composed as described in Article 7; and

(c) an International Labor Office controlled by the Governing Body. Art. 3. 1. The meetings of the General Conference of representatives of the Members shall be held from time to time as occasion may require, and at least once in every year. It shall be 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 the workpeople of each of the Members.

2. Each delegate may be accompanied by advisers, who shall not ex- ceed two in number for each item on the agenda of the meeting. When questions specially affecting women are to be considered by the Conference one at least of the advisers should be a woman.

3. Each Member which is responsible for the international relations of non-metropolitan territories may appoint as additional advisers to each of its delegates: