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Conference. Arrangements of this kind are clearly possible within the ambit of the present article 3 of the Constitution,
The letter from the Chairman of the Workers' ip, in suggesting that special provisions should be nade for the application, by associate members, of LLO. Conventions and Recommendations, examines "and comments on various provisions of article 35 of the
Constitution.
24. It is stated, in particular, that the constitutional provisi of the I.L.O., set out in article 35 of the Constit on, requiring declarations to be made as to the extent of application of Conventions to non-metropolitan territories, operate only in the case of Conventions ratified by the State Member concerned. It is true that article 35 (2) applies only in these circumstances. It is, nevertheless, a most helpful provision since it obliges States Members to make declarations regarding the extent to which the obligations of any Convention ratified by that Member will be applied in different non- metropolitan territories. Thus, it enables non-metro- politan territories to benefit progressively from the protection of the Convention. In this respect they are better placed than are metropolitan territories at a comparable state of development, which are deprived of the protection afforded by any Convention unless and until it can be applied to them in its entirety.
25. However, in regard to Conventions, the subject sematter of which is within the self-governing powers of any non-metropolitan territory, under article 35 (4), the Member responsible for the international relations of that territory must bring the Convention to the notice of the Government of the territory as soon as possible with a view to the enactment of legislation or other action by such government. Thereafter, the Member, in agreement with the Government of the territory, may communicate to the I.L.O. a declaration accepting the obligations of the Convention on behalf of such territory. Similar declarations may be made by two or more Members of the Organisation in respect of any territory which is under their joint authority or by any interna- tional authority responsible for the administration of any territory (article 35 (5)). As an example of the former, the Government of Italy, in agreement with the administration of Somaliland under Italian trusteeship, recently communicated to the I.L.O. a declaration accepting the obligations of the Penal Sanctions (Indi- genous Workers) Convention, 1939 (No. 65), on behalf of the territory. Article 35 (6) of the Constitution makes it plain that a declaration of this nature involves accept- ance of the obligations stipulated by the terms of the Convention and the obligations under the Constitution of the Organisation which apply to ratified Conventions. The declaration may, however, specify such modifica- tions as may be necessary to adapt the Convention to local conditions.
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26 26. It is important to note that the possibility of making a declaration under article 35 (4) is not depen- dent on the Convention concerned being ratified by the Member responsible for the international relations of the non-metropolitan territory concerned. Action under article 35 (4) may be taken irrespective of ratification.
27. Furthermore, even in the case of non-metropolitan territories where the subject matter of the Convention is not within their self-governing powers, the Labour Standards (Non-Metropolitan Territories) Convention, 1947 (No. 83), has enabled the Member concerned, on ratifying it, to deposit declarations relating to the whole or partial application in its territories of the provisions of thirteen Conventions of universal application adopted at previous sessions of the Conference. This action may be taken oven though one or more of the individual Conventions themselves have not been ratified by the State Member concerned. The United Kingdom Govern- ment has ratified Convention No. 83 and has communi- cated to the I.L.O. a declaration indicating in respect of
each of its non-metropolitan territories and for each of the thirteen Conventions the extent to which their obligations are accepted.
28. As regards Recommendations, it is a fact that, as is implied in the letter from the Chairman of the Workers group, the Constitution contains no special provisions dealing with their applicability to non-metro- politan territories. However, it may be recalled that the Social Policy in Dependent Territories Recommendation (No. 70), adopted at Philadelphia in 1944, and the Social Policy in Dependent Territtories (Supplementary Provisions) Recommendation, 19455 (No. 74), adopted in Paris in the following year, both contain positive obligations to bring the Recommendation before the authority or authorities competemt to make effective in each territory the minimum standards set out in the Recommendation and to report thereon to the Office. 29. The obligations expressed in Recommendation No. 74 are defined as follows:
1. Each Member of the Internattional Labour Organi- sation which is responsible for any dependent territory should take all steps: within its competence to secure the effective application in each such territory of the minimum sttandards set forth in the Annex to this Recommendation, and in parti- cular should bring this Reccommendation before the authority or authorities: competent to make effective in each such territory the minimum standard set forth in the Annsex,
2. Each Member of the Organisation should, if it approves this Recommendatiion, communicate to the Director-General of the International Labour Office at the earliest possiblée date particulars of the action taken to make efffective the minimum standards set forth in the Annex in respect of each dependent territory for which the Member in question is responsible, and thereafter should report to the International Labour Office, from time to time, as requested by the Governing Body concerning the action taken to give effect to the Recommendation.
30. No similar obligations exisst in regard to other I.L.O. Recommendations nor would it be realistic to seek to apply similar provisions to aall Recommendations. Nevertheless, consideration could be given to the methods which might be adopted to promote the application of other selected Recommendations in non-metropolitan territories.
31. This point will naturally bee borne in mind, for example, in regard to the subjectts of penal sanctions and migrant labour which figure con the agenda of the 1954 Conference with a view to thee eventual adoption of Recommendations. While these ttwo subjects are not concerned exclusively with conditions in non-metro- politan territories, they are of speecial interest to those territories.
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32. Apart, howeyer, from these metical develop- ments on the constitutional side, both in the matter of representation of non-metropolitan territories at I.L.O. meetings and in promotion of the capplication in them of Conventions and Recommendations, these territories have the opportunity of sharing in the benefits of the I.L.O. programme of technical assistance on the same basis as underdeveloped metropolitan countries, and to the fullest extent of their needs, subject to the over-all financial limitations on the programme itself. Thus, there are no restrictions of a constitutional nature on the access by non-metropolitan territories to outside expert assistance in the solution: of their problems in the labour field.
33. At the regional level, im addition to regional conferences, the I.L.O. has established effective co operation with the appropriate organisations in those
1 See Official Bulletin, Vol. XXVI, No.2. 1, 1 June 1944. PP. 44-61. ↑ Ibid., Vol. XXVIII, 15 Dec. 1945, ppp. eió,
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