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INTERNATIONAL LABOR ORGANIZATION

Instrument adopted by the General Conference of the InternationalLabor Organization at Montreal October 9, 1946, for the amendment of the ILO constitution 1

Entered into force April 20, 1948Acceptance ,by the United States deposited with the International

Labor Office August 2,1948Amendments adopted by the [LO General Conference on June 25,

1953/ and June 22, 1962 s

62 Stat. 3485; Treaties and OtherInternational Acts Series 1868

INSTRUMENT FOR THE AMENDMENT OF THE CONSTITUTION

OF THE INTERNATIONAL LABOUR ORGANISATION

The General Conference of the International Labour Organisation,Having been convened at Montreal by the Governing Body of the Inter

national Labour Office, and having met in its Twenty-ninth Session on19 September 1946; and

Having decided upon the adoption of certain amendments to the Constitution of the International Labour Organisation, a question which is includedin the second item on the agenda of the Session,

adopts this ninth day of October of the year one thousand nine hundredand forty-six, the following instrument for the amendment of the Constitution of the International Labour Organisation, which may be cited as the

_ Constitution of the International Labour Organisation Instrument of Amendment,1946:

Article 1

As from the date of the coming into force of this Instrument of Amendment, the Constitution of the International Labour Organisation, of which

1 For text of the ILO constitution signed at Versailles June 28, 1919 (TS 874), seeante, vol. 2, p. 241.

37 UST 245; TIAS 3500.314 UST 1039; TIAS 5401.

188

INTERNATIONAL LABOR ORGANIZATION-OCTOBER 9, 1946 189

the text at present in force is set forth in the first column of the Annex to thisInstrument, shall have effect as amended in the second column of the saidAnnex.

Article 2

Two copies of this Instrument of Amendment shall be authenticated bythe signatures of the President of the Conference and of the Director-Generalof the International Labour Office. One of these copies shall be deposited inthe archives of the International Labour Office and the other shall be communicated to the Secretary-General of the United Nations for registrationin accordance with Article 102 of the Charter of the United Nations.4 TheDirector-General will communicate a certified copy of the Instrument to allthe Members of the International Labour Organisation.

Article 3

1. The formal ratifications or acceptances of this Instrument of Amendment shall be communicated to the Director-General of the InternationalLabour Office, who shall notify the Members of the Organisation of thereceipt thereof.

2. This Instrument of Amendment will come into force in accordancewith the provisions of Article 36 of the Constitution of the Organisation.

3. On the coming into force of this Instrument, the Director-General ofthe International Labour Office shall so notify all the Members of the International Labour Organisation, the Secretary-General of the United Nations,and all the States having signed the Charter of the United Nations.

ANNEX

THE CONSTITUTION OF THE INTERNATIONAL LABOUR ORGANISATION

Text in force on 9 October 1946

SECTION I

ORGANISATION OF LABOUR

Whereas the League of Nationshas for its object the establishment ofuniversal peace, and such a peace canbe established only if it is based uponsocial justice;

And whereas conditions of labourexist involving such injustice, hardship and privation to large numbersof people as to produce unrest so

• TS 993, ante, vol. 3, p. 1176.

Amended Text

PREAMBLE

Whereas universal and lastingpeace can be established only if it isbased upon social justice;

And whereas conditions of labourexist involving such injustice, hardship and privation to large numbersof people as to produce unrest so great

190 MULTILATERAL AGREEMENTS 1946-1949

great that the peace and harmony ofthe world are imperilled; and an improvement of those conditions isurgently required: as, for example,by the regulation of the hours of work,including the establishment of amaximum working day and week, theregulation of the labour supply, theprevention of unemployment, theprovision of an adequate living wage,the protection of the worker againstsickness, disease and injury arising outof his employment, the protection ofchildren, young persons and women,provision for old age and injury, protection of the interests of workerswhen employed in countries otherthan their own, recognition of theprinciple of freedom of association,the organisation of vocational andtechnical education and othermeasures;

Whereas also the failure of anynation to adopt humane conditionsof labour is an obstacle in the way ofother nations which desire to improvethe conditions in their own countries;

The HIGH CONTRACTING PARTIES,moved by sentiments of justice andhumanity as well as by the desire tosecure the permanent peace of theworld, agree to the following Constitution of the International LabourOrganisation:

CHAPTER I-ORGANISATION

Article 1

1. A permanent organisation ishereby established for the pro-

that the peace and harmony of theworld are imperilled; and an improvement of those conditions isurgently required: as, for example,by the regulation of the hours ofwork, including the establishment ofa maximum working day and week,the regulation of the labour supply,the prevention of unemployment, theprovision of an adequate living wage,the protection of the worker againstsickness, disease and injury arising outof his employment, the protection ofchildren, young persons and women,provision for old age and injury,protection of the interests of workerswhen employed in countries otherthan their own, recognition of theprinciple of equal remuneration forwork of equal value, recognition ofthe principle of freedom of association, the organisation of vocationaland technical education and othermeasures;

Whereas also the failure of anynation to adopt humane conditionsof labour is an obstacle in the way ofother nations which desire to improvethe conditions in their own countries;

The HIGH CONTRACTING PARTIES,moved by sentiments of justice andhumanity as well as by the desire tosecure the permanent peace of theworld, and with a view to attainingthe objectives set forth in this Preamble, agree to the following Constitution of the International LabourOrganisation:

CHAPTER I-ORGANISATION

Article 1

1. A permanent organisation ishereby established for the promotion


motion of the objects set forth in thePreamble.

2. The Members of the International Labour Organisation shallbe the States which were Membersof the Organisation on 1 November1945, and such other States as maybecome Members in pursuance of theprovisions of paragraphs 3 and 4 ofthis Article.

3. Any original Member of theUnited Nations and any State admitted to membership of the UnitedNations by a decision of the GeneralAssembly in accordance with the provisions of the Charter may become aMember of the International LabourOrganisation by communicating tothe Director of the International Labour Office its formal acceptance ofthe obligations of the Constitutionof the International Labour Organisation.

4. The General Conference of theInternational Labour Organisationmay also admit Members to theOrganisation by a vote concurred inby two thirds of the delegates attending the Session, including two thirdsof the Government delegates presentand voting. Such admission shall takeeffect on the communication to theDirector of the International LabourOffice by the Government of the newMember of its formal acceptance ofthe obligations of the Constitution ofthe Organisation.

5. No Member of the International Labour Organisation may

210-91S--70----14

of the objects set forth in the Preamble to this Constitution and in theDeclaration concerning the aims andpurposes of the International LabourOrganisation adopted at Philadelphia on 10 May 1944 the text ofwhich is annexed to this Constitution.

2. The Members of the International Labour Organisation shall bethe States which were Members ofthe Organisation on 1 November1945, and such other States as maybecome Members in pursuance of theprovisions of paragraphs 3 and 4 ofthis Article.

3. Any original Member of theUnited Nations and any State admitted to membership of the UnitedNations by a decision of the GeneralAssembly in accordance with the provisions of the Charter may become aMember of the International LabourOrganisation by communicating tothe Director-General of the International Labour Office its formal acceptance of the obligations of theConstitution of the InternationalLabour Organisation.

4. The General Conference of theInternational Labour Organisationmay also admit Members to theOrganisation by a vote concurred inby two thirds of the delegates attending the session,. including two thirdsof the Government delegates presentand voting. Such admission shall takeeffect on the communication to theDirector-General of the InternationalLabour Office by the Government ofthe new Member of its formal acceptance of the obligations of the Constitution of the Organisation.

5. No Member of the International Labour Organisation may


withdraw from the Organisationwithout giving notice of its intentionso to do to the Director of the International Labour Office. Such noticeshall take effect two years after thedate of its reception by the Director,subject to the Member having at thattime fulfilled all financial obligationsarising out of its membership. Whena Member has ratified any International Labour Convention, suchwithdrawal shall not affect the continued validity for the period provided for in the Convention of allobligations arising thereunder orrelating thereto.

6. In the event of any State havingceased to be a Member of the Organisation, its readmission to membership shall be governed by the provisions of paragraph 3 or paragraph4 of this Article as the case may be.

Article 2

The permanent organisation shallconsist of:

1. A General Conference of Representatives of the Members and

2. An International Labour Office controlled by the Governing Bodydescribed in Article 7.

Article 3

1. The meetings of the GeneralConference of Representatives of theMembers shall be held from time totime as occasion may require, and atleast once in every year. It shall becomposed of four Representatives ofeach of the Members, of whom twoshall be Government Delegates and

withdraw from the Organisationwithout giving notice of its intentionso to do to the Director-General ofthe International Labour Office.Such notice shall take effect two yearsafter the date of its reception by theDirector-General, subject to theMember having at that time fulfilledall financial obligations arising out ofits membership. When a Member hasratified any International LabourConvention, such withdrawal shallnot affect the continued validity forthe period provided for in the Convention of all obligations ari<;ingthereunder or relating thereto.

6. In the event of any State havingceased to be a Member of the Organisation, its readmission to membership shall be governed by the provisions of paragraph 3 or paragraph4 of this Article as the case may be.

Article 2

The permanent organisation shallconsist of:

(a ) a General Conference of representatives of the Members;

(b) a Governing Body composedas described in Article 7; and

(c) an International Labour Office controlled by the GoverningBody.

Article 3

1. The meetings of the GeneralConference of representatives of theMembers shall be held from time totime as occasion may require, and atleast once in every year. It shall becomposed of four representatives ofeach of the Members, of whom twoshall be Government delegates and


the two others shall be Delegates representing respectively the employersand the workpeople of each of theMembers.

2. Each Delegate may be accompanied by advisers, who shall not exceed two in number for each item onthe agenda of the meeting. Whenquestions specially affecting womenare to be considered by the Conference, one at least of the advisersshould be a woman.

3. The Members undertake tonominate non-Government Delegatesand advisers chosen in agreementwith the industrial organisations, ifsuch organisations exist, which aremost representative of employers orworkpeople, as the case may be, intheir respective countries.

4. Advisers shall not speak except on a request made by the Delegate whom they accompany and by

the two others shall be delegates representing respectively the employersand the workpeople of each of theMembers.

2. Each delegate may be accompanied by advisers, who shall not exceed two in number for each item onthe agenda of the meeting. Whenquestions specially affecting womenare to be considered by the Conference, one at least of the advisersshould be a woman.

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

(a) persons nominated by it as representatives of any such territoryin regard to matters within theself-governing powers of thatterritory; and

(b) persons nominated by it to advise its delegates in regard tomatters concerning non-selfgoverning territories.

4. In the case of a territory underthe joint authority of two or moreMembers, persons may be nominatedto advise the delegates of suchMembers.

5. The Members undertake tonominate non-Government delegatesand advisers chosen in agreementwith the industrial organisations, ifsuch organisations exist, which aremost representative of employers orworkpeople, as the case may be, intheir respective countries.

6. Advisers shall not speak excepton a request made by the delegatewhom they accompany and by the


the special authorisation of thePresident of the Conference, and maynot vote.

5. A Delegate may by notice inwriting addressed to the President appoint one of his advisers to act as hisdeputy, and the adviser, while so acting, shall be allowed to speak andvote.

6. The names of the Delegates andtheir advisers will be communicatedto the International Labour Office bythe Government of each of theMembers.

7. The credentials of Delegatesand their advisers shall be subject toscrutiny by the Conference, whichmay, by two thirds of the votes castby the Delegates present, refuse to admit any Delegate or adviser whom itdeems not to have been nominatedin accordance with this Article.

Article 4

1. Every Delegate shall be entitledto vote individually on all matterswhich are taken into consideration bythe Conference.

2. If one of the Members fails tonominate one of the non-GovernmentDelegates whom it is entitled to nominate, the other non-GovernmentDelegate shall be allowed to sit andspeak at the Conference, but not tovote.

3. If in accordance with Article 3the Conference refuses admission toa Delegate of one of the Members,the provisions of the present Articleshall apply as if that Delegate hadnot been nominated.

special authorisation of the Presidentof the Conference, and may not vote.

7. A delegate may by notice inwriting addressed to the President appoint one of his advisers to act as hisdeputy, and the adviser, while soacting, shall be allowed to speak andvote.

8. The names of the delegates andtheir advisers will be communicatedto the International Labour Office bythe Government of each of theMembers.

9. The credentials of delegates andtheir advisers shall be subject to scrutiny by the Conference, which may,by two thirds of the votes cast by thedelegates present, refuse to admit anydelegate or adviser whom it deemsnot to have been nominated in accordance with this Article.

Article 4

1. Every delegate shall be entitledto vote individually on all matterswhich are taken into consideration bythe Conference.

2. If one of the Members fails tonominate one of the non-Governmentdelegates whom it is entitled to nominate, the other non-Governmentdelegate shall be allowed to sit andspeak at the Conference, but not tovote.

3. If in accordance with Article 3the Conference refuses admission toa delegate of one of the Members,the provisions of the present Articleshall apply as if that delegate hadnot been nominated.


Article 5

The meetings of the Conferenceshall be held at the seat of the Leagueof Nations, or at such other place asmay be decided by the Conference ata previous meeting by two thirds ofthe votes cast by the Delegatespresent.

Article 6

The International Labour Officeshall be established at the seat of theLeague of Nations as part of the organisation of the League.

Article 7

1. The International Labour Office shall be under the control of aGoverning Body consisting of thirtytwo persons:

Sixteen representing Governments,Eight representing the Employers,

andEight representing the Workers.

2. Of the sixteen persons representing Governments, eight shall beappointed by the Members of chiefindustrial importance, and eight shallbe appointed by the Members selected for that purpose by the Government Delegates to the Conference,excluding the Delegates of the eightMembers mentioned above. Of thesixteen Members represented six shallbe non-European States.

3. Any question as to which arethe Members of chief industrial importance shall be decided by theCouncil of the League of Nations.

Article 5

The meetings of the Conferenceshall, subject to any decisions whichmay have been taken by the Conference itself at a previous meeting, beheld at such place as may be decidedby the Governing Body.

Article 6

Any change in the seat of the I nternational Labour Office shall be decided by the Conference by a twothirds majority of the votes cast bythe delegates present.

Article 7

1. The Governing Body shall consist of thirty-two persons:

Sixteen representing Governments,Eight representing the employers,

andEight representing the workers.

2. Of the sixteen persons representing Governments, eight shall beappointed by the Members of chiefindustrial importance, and eight shallbe appointed by the Members selected for that purpose by the Government delegates to the Conference,excluding the delegates of the eightMembers mentioned above. Of thesixteen Members represented, six shallbe non-European States.

3. The Governing Body shall as occasion requires determine which arethe Members of the Organisation ofchief industrial importance and shallmake rules to ensure that all questionsrelating to the selection of the M embers of chief industrial importance


4. The persons representing theEmployers and the persons representing the Workers shall be elected respectively by the Employers' Delegates and the Workers' Delegates tothe Conference. Two Employers' representatives and two Workers' representatives shall belong to non-European States.

5. The period of office of the Governing Body shall be three years.

6. The method of filling vacanciesand of appointing substitutes andother similar questions may be decided by the Governing Body subjectto the approval of the Conference.

7. The Governing Body shall, fromtime to time, elect one of its numberto act as its Chairman, shall regulateits own procedure, and shall fix itsown times of meeting. A special meeting shall be held if a written requestto that effect is made by at leasttwelve of the representatives on theGoverning Body.

are considered by an impartial committee before being decided by theGoverning Body. Any appeal madeby a Member from the declarationof the Governing Body as to whichare the Members of chief industrialimportance shall be decided by theConference, but an appeal to theConference shall not suspend the application of the declaration until suchtime as the Conference decides theappeal.

4. The persons representing theemployers and the persons representing the workers shall be elected respectively by the employers' delegatesand the workers' delegates to the Conference. Two employers' representatives and two workers' representativesshall belong to non-European States.

5. The period of office of the Governing Body shall be three years. Iffor any reason the Governing Bodyelections do not take place on the expiry of this period, the GoverningBody shall remain in office until suchelections are held.

6. The method of filling vacanciesand of appointing substitutes andother similar questions may be decided by the Governing Body subjectto the approval of the Conference.

7. The Governing Body shall, fromtime to time, elect from its number aChairman and two Vice-Chairmen,of whom one shall be a person representing a Government, one a personrepresenting the employers, and one aperson representing the workers.

8. The Governing Body shall regulate its own procedure and shall fix its


Article 8

1. There shall be a Director of theInternational Labour Office, whoshall be appointed by the GoverningBody, and, subject to the instructionsof the Governing Body, shall be responsible for the efficient conduct ofthe International Labour Office andfor such other duties as may be assigned to him.

2. The Director or his deputy shallattend all meetings of the GoverningBody.

Article 9

The staff of the International Labour Office shall be appointed by theDirector, who shall, so far as is possible with due regard to the efficiencyof the work of the Office, select persons of different nationalities. A certain number of these persons shall bewomen.

own times of meeting. A special meeting shall be held if a written requestto that effect is made by at leasttwelve of the representatives on theGoverning Body.

Article 8

1. There shall be a Director-General of the International Labour Office, who shall be appointed by theGoverning Body, and, subject to theinstructions of the Governing Body,shall be responsible for the efficientconduct of the International LabourOffice and for such other duties asmay be assigned to him.

2. The Director-General or hisdeputy shall attend all meetings ofthe Governing Body.

Article 9

1. The staff of the InternationalLabour Office shall be appointed bythe Director-General under regulations approved by the GoverningBody.

2. So far as is possible with dueregard to the efficiency -of the workof the Office, the Director-Generalshall select persons of different nationalities.

3. A certain number of these persons shall be women.

4. The responsibilities of the Director-General and the staff shall be exclusively international in character.In the performance of their duties,the Director-General and the staffshall not seek or receive instructionsfrom any Government 'or from anyother authority external to the Organisation. They shall refrain fromany action which might reflect on


their position as international officialsresponsible only to the Organisation.

5. Each Member of the Organisation undertakes to respect the exclusively international character of theresponsibilities of the Director-General and the staff and not to seek toinfluence them in the discharge oftheir responsibilities.

Article 10

1. The functions of the International Labour Office shall include thecollection and distribution of information on all subjects relating to theinternational adjustment of conditions of industrial life and labour, andparticularly the examination of subjects which it is proposed to bringbefore the Conference with a view tothe conclusion of international conventions, and the conduct of suchspecial investigations as may be ordered by the Conference.

2. It will prepare the agenda forthe meetings of the Conference.

3. It will carry out the duties required of it by the provisions of this

Article 10

1. The functions of the International Labour Office shall include thecollection and distribution of information on all subjects relating to theinternational adjustment 'of conditions of industrial life and labour, andparticularly the examination of subjects which it is proposed to bringbefore the Conference with a viewto the conclusion of internationalConventions, and the conduct of suchspecial investigations as may be ordered by the Conference or by theGoverning Body.

2. Subject to such directions as theGoverning Body may give, the Officewill-

(a) prepare the documents on thevarious items of the agenda forthe meetings of the Conference;

(b) accord to Governments at theirrequest all appropriate assistancewithin its power in connectionwith the framing of laws andregulations on the basis of thedecisions of the Conference andthe improvement of administrative practices and systems of inspection;

(c) carry out the duties required ofit by the provisions of this Con-


Part of the present Treaty in connection with international disputes.

4. It will edit and publish inFrench and English, and in suchother languages as the GoverningBody may think desirable, a periodical paper dealing with problems ofindustry and employment of international interest.

5. Generally, in addition to thefunctions set out in this Article, itshall have such other powers andduties as may be assigned to it by theConference.

Article 11

The Government Departments ofany of the Members which deal withquestions of industry and employment may communicate directly withthe Director through the Representative of their Government on the Governing Body of the InternationalLabour Office, or failing any suchRepresentative, through such otherqualified official as the Governmentmay nominate for the purpose.

Article 12

The International Labour Officeshall be entitled to the assistance ofthe Secretary-General of the Leagueof Nations in any matter in which itcan be given.

stitution in connection with theeffective observance of Conventions;

(d) edit and issue, in such languagesas the Governing Body maythink desirable, publicationsdealing with problems of industry and employment of international interest.

3. Generally, it shall have suchother powers and duties as may beassigned to it by the Conference orby the Governing Body.

Article 11

The Government Departments ofany of the Members which deal withquestions of industry and employment may communicate directly withthe Director-General through therepresentative of their Governmenton the Governing Body of the International Labour Office or, failing anysuch representative, through suchother qualified official as the Government may nominate for the purpose.

Article 12

1. The International Labour Organisation shall co-operate within theterms of this Constitution with anygeneral international organisation entrusted with the co-ordination of theactivities of public international organisations having specialised responsibilities and with public internationalorganisations having specialised responsibilities in related fields.

2. The International Labour Organisation may make appropriate arrangements for the representatives


Article 13

1. The International Labour Organisation may make such financialand budgetary arrangements withthe United Nations as may appearappropriate.

2. Pending the conclusion of sucharrangements or if at any time nosuch arrangements are in force-

(a) each of the Members will paythe travelling and subsistence expenses of its Delegates and their advisers and of its Representativesattending the meetings of the Conference or the Governing Body, as thecase may be;

(b) all the other expenses of theInternational Labour Office and ofthe meetings of the Conference orGoverning Body shall be paid by theDirector of the International LabourOffice out of the general funds of theInternational Labour Organisation;

(c) the arrangements for the approval, allocation and collection ofthe budget of the International Labour Organisation shall be determined by the Conference by a twothirds majority of the votes cast by

of public international organisationsto participate without vote in its deliberations.

3. The International Labour Organisation may make suitable arrangements for such consultation asit may think desirable with recognisednon-governmental international organisations) including internationalorg~nisations of employers) workers)agriculturists and co-operators.

Article 13

1. The International Labour Organisation may make such financialand budgetary arrangements with theUnited Nations as may appear appropriate.

2. Pending the conclusion of sucharrangements or if at any time nosuch arrangements are in force-

(a) each of the Members will paythe travelling and subsistence expenses of its delegates and theiradvisers and of its representatives attending the meetings ofthe Conference or the Governing Body, as the case may be;

(b) all other expenses of the International Labour Office and ofthe meetings of the Conferenceor Governing Body shall be paidby the Director-General of theInternational Labour Office outof the general funds of the International Labour Organisation;

(c) the arrangements for the approval, allocation and collectionof the budget of the International Labour Organisationshall be determined by the Conference by a two-thirds majority


the delegates present, and shall provide for the approval of the budgetand of the arrangements for theallocation of expenses among theMembers of the Organisation by acommittee of Government representatives.

3. The expenses of the International Labour Organisation shall beborne by the Members in accordancewith the arrangements in force invirtue of paragraph 1 or paragraph2 (c) of this Article.

4. A Member of the Organisationwhich is in arrears in the payment ofits financial contribution to the Organisation shall have no vote in theConference, in the Governing Body,in any committee, or in the electionsof members of the Governing Body,if the amount of its arrears equals orexceeds the amount of the contributions due from it for the precedingtwo full years. The Conference may,nevertheless, permit such a Memberto vote if it is satisfied that the failureto pay is due to conditions beyond thecontrol of the Member.

5. The Director of the International Labour Office shall be responsible to the Governing Body forthe proper expenditure of the fundsof the International LabourOrganisation..

CHAPTER II-PROCEDURE

Article 14

The agenda for all meetings of the-Conference will be settled by theGoverning Body, who shall consider

of the votes cast by the delegatespresent, and shall provide forthe approval of the budget andof the arrangements for the allocation of expenses among theMembers of the Organisation bya committee of Governmentrepresentatives.

3. The expenses of the International Labour Organisation shall beborne by the Members in accordancewith the arrangements in force invirtue of paragraph 1 or paragraph2 (c) of this Article.

4. A Member of the Organisationwhich is in arrears in the paymentof its financial contribution to theOrganisation shall have no vote inthe Conference, in the GoverningBody, in any committee, or in theelections of members of the Governing Body, if the amount of its arrearsequals or exceeds the amount of thecontributions due from it for the preceding two full years: Provided thatthe Conference may by a two-thirdsmajority of the votes cast by the delegates present permit such a Memberto vote if it is satisfied that the failureto pay is due to conditions beyondthe control of the Member.

5. The Director-General of the International Labour Office shall beresponsible to the Governing Bodyfor the proper expenditure of thefunds of the International LabourOrganisation.

CHAPTER II-PROCEDURE

Article 14

1. The agenda for all meetings ofthe Conference will be settled by theGoverning Body, which shall con-


any suggestion as to the agenda thatmay be made by the Government ofany of the Members or by any representative organisation recognised forthe purpose of Article 3.

Article 15

The Director shall act as the Secretary of the Conference, and shalltransmit the agenda so as to reachthe Members four months before themeeting of the Conference, and,through them, the non-GovernmentDelegates when appointed.

Article 16

1. Any of the Governments of theMembers may formally object to theinclusion of any item or items in theagenda. The grounds for such objection shall be set forth in a reasonedstatement addressed to the Director,who shall circulate it to all the Members of the Permanent Organisation.

2. Items to which such objectionhas been made shall not, however,

sider any suggestion as to the agendathat may be made by the Governmentof any of the Members or by any representative organisation recognisedfor the purpose of Article 3, or by anypublic international organisation.

2. The Governing Body shall makerules to ensure thorough technicalpreparation and adequate consultation of the Members primarily concerned, by means of a preparatoryConference or otherwise, prior to theadoption of a Convention or Recommendation by the Conference.

Article 15

1. The Director-General shall actas the Secretary-General of the Conference, and shall transmit the agendaso as to reach the Members fourmonths before the meeting of theConference, and, through them, thenon-Government delegates whenappointed.

2. The reports on each item of theagenda shall be despatched so as toreach the Members in time to permitadequate consideration before themeeting of the Conference. The Governing Body shall make rules for theapplication of this provision.

Article 16

1. Any of the Governments of theMembers may formally object to theinclusion of any item or items inthe agenda. The grounds for suchobjection shall be set forth In a statement addressed to the Director-General who shall circulate it to all theMembers of the Organisation.

2. Items to which such objectionhas been made shall not, however, be


be excluded from the agenda, if atthe Conference a majority of twothirds of the votes cast by the Delegates present is in favour of consideringthem.

3. If the Conference decides(otherwise than under the precedingparagraph) by two thirds of the votescast by the Delegates present that anysubject shall be considered by theConference, that subject shall be included in the agenda for the followingmeeting.

Article 17

1. The Conference shall regulateits own procedure, shall elect its ownPresident, and may appoint committees to consider and report on anymatter.

2. Except as otherwise expresslyprovided in this Part of the presentTreaty, all matters shall be decidedby a simple majority of the votes castby the Delegates present.

3. The voting is void unless thetotal number of votes cast is equalto half the number of the Delegatesattending the Conference.

Article 18

The Conference may add to anycommittees which it appoints technical experts, who shall be assessorswithout power to vote.

excluded from the agenda, if at theConference a majority of two thirdsof the votes cast by the delegatespresent is in favour of consideringthem.

3. If the Conference decides(otherwise than under the precedingparagraph) by two thirds of the votescast by the delegates present that anysubject shall be considered by theConference, that subject shall be included in the agenda for the followingmeeting.

Article 17

1. The Conference shall elect aPresident and three Vice-Presidents.One of the Vice-Presidents shall be aGovernment delegate) one an employers) delegate and one a worker!,'delegate. The Conference shall regulate its own procedure and may appoint committees to consider andreport on any matter.

2. Except as otherwise expresslyprovided in this Constitution or bythe terms of any Convention or otherinstrument conferring powers on theConference or of the financial andbudgetary arrangements adopted invirtue of Article 13. all matters shallbe decided by a simple majority of thevotes cast by the delegates present.

3. The voting is void unless thetotal number of votes cast is equalto half the number of the delegatesattending the Conference.

Article 18

The Conference may add to anycommittees which it appoints technical experts without power to vote.


Article 19

1. When the Conference has decided on the adoption of proposalswith regard to an item in the agenda,it will rest with the Conference todetermine whether these proposalsshould take the form: (a) of a recommendation to be submitted to theMembers for consideration with aview to effect being given to it bynational legislation or otherwise, or(b) of a draft international convention for ratification by the Members.

2. In either case a majority of twothirds of the votes cast by the Delegates present shall be necessary on thefinal vote for the adoption of the rec-

. ommendation or draft convention, asthe case may be, by the Conference.

3. In framing any recommendation or draft convention of generalapplication the Conference shall havedue regard to those countries inwhich climatic conditions, the imperfect development of industrial organisation, or other special circumstances make the industrial conditions substantially different and shallsuggest the modifications, if any,which it considers may be requiredto meet the case of such countries.

4. A copy of the recommendationor draft convention shall be authenticated by the signature of the Presi·dent of the Conference and of theDirector and shall be deposited withthe Secretary-General of the Leagueof Nations. The Secretary-Generalwill communicate a certified copy ofthe recommendation or draft convention to each of the Members.

Article 19

1. When the Conference has decided on the adoption of proposalswith regard to an item in the agenda,it will rest with the Conference todetermine whether these proposalsshould take the form: (a) of an international Convention., or (b) of aRecommendation to meet circumstances where the subject, or aspectof it, dealt with is not considered suitable or appropriate at that time for aConvention.

2. In either case a majority of twothirds of the votes cast by the delegates present shall be necessary on thefinal vote for the adoption of theConvention or Recommendation, asthe case may be, by the Conference.

3. In framing any Convention orRecommendation of general application the Conference shall have dueregard to those countries in whichclimatic conditions, the imperfectdevelopment of industrial organisation, or other special circumstancesmake the industrial conditions substantially different and shall suggestthe modifications, if any, which itconsiders may be required to meet thecase of such countries.

4. Two copies of the Conventionor Recommendation shall be authenticated by the signatures of thePresident of the Conference and ofthe Director-General. Of these copiesone shall be deposited in the archivesof the International Labour Officeand the other with the Secretary-General of the United Nations. The Director-General will communicate acertified copy of the Convention or

INTERNATIONAL LABOR ORGANIZATION~OCTOBER 9, 1946 205

Recommendation to each oj theMembers.

5. Each of the Members undertakes that it will, within the periodof one year at most from the closingof the session of the Conference, orif it is impossible owing to exceptional circumstances to do so withinthe period of one year, then at theearliest practicable moment andin no case later than eighteenmonths froql the closing of thesession of the Conference, bringthe recommendation or draft convention before the authority orauthorities within whose competence the matter lies, for the enactment of legislation or other action.

6. In the case of a recommendation, the Members will inform theSecretary-General of the actiontaken.

7. In the case of a draft convention, the Member will, if it obtainsthe consent of the authority orauthorities within whose competence the matter lies, communicatethe formal ratification of the convention to the Secretary-Generaland will take such action as maybe necessary to make effective theprovisions of such convention.

8. If on a recommendation nolegislative or other action is takento make a recommendation effective, or if the draft convention failsto obtain the consent of theauthority or authorities withinwhose competence the matter lies,no further obligation shall restupon the Member.

5. In the case oj a Convention-

(a) the Convention will be communicated to all Members Jor ratification;

(b) each of the Members undertakes that it will, within theperiod of one year at mostfrom the closing of the sessionof the Conference, or if it isimpossible owing to exceptional circumstances to do sowithin the period of one year,then at the earliest practicablemoment and in no case laterthan eighteen months fromthe closing of the session ofthe Conference, bring the Convention before the authority orauthorities within whose competence the matter lies, for theenactment of legislation orother action;

(c) Members shall inJorm the DirectorGeneral oj the International LabourOffice oj the measures taken inaccordance with this Article tobring the Convention beJore thesaid competent authority or authorities, with particulars oj theauthority or authorities regarded ascompetent, and oj the action takenby them;

(d) if the Member obtains the consentoj the authority or authoritieswithin whose competence the matterlies, it will communicate the Jormalratification oj the Convention tothe Director-General and willtake such action as may benecessary to make effective theprovisions of such Convention;


(e) if the Member does not obtain theconsent oj the authority or authorities within whose competencethe matter lies, no jurther obligation shall rest upon the Memberexcept that it shall report to theDirector-General oj the International Labour Office, at appropriate intervals as requested by theGoverning Body, the position ojits law and practice in regard tothe matters dealt with in theConvention, showing the extent towhich effect has beelJ given, or isproposed to be given, to any oj theprovisions oj the Convention by.legislation, administrative action,collective agreement or otherwiseand stating the difficulties whichprevent or delay the ratification ojsuch Convention.

6. In the case oj a Recommendation-

(a) the Recommendation will be communicated to all Members jortheir consideration with a view toeffect being given to it by nationallegislation or otherwise;

(b) each of the Members undertakes that it will, within aperiod of one year at most fromthe closing of the session of theConference, or if it is impossible owing to exceptional circumstances to do so withinthe period of one year, then atthe earliest practicable moment and in no case later thaneighteen months after the closing of the Conference, bringthe Recommendation before theauthority or authorities withinwhose competence the matter


9. In the case of a federal State,the power of which to enter intoconventions on labour matters issubject to limitations, it shall bein the discretion of that Government to treat a draft conventionto which such limitations applyas a recommendation only, andthe provisions of this Article withrespect to recommendations shallapply in such case.

lies for the enactment of legislation or other action;

(c) the Members shall injorm theDirector-General oj the International Labour Office oj the measures taken in accordance with thisarticle to bring the Recommendation bejore the said competentauthority or authorities with particulars oj the authority or authorities regarded as competent,and oj the action taken by them;

(d) apart jrom bringing the Recommendation before the said competent authority or authorities, nojurther obligation shall rest uponthe Members, except that they shallreport to the Director-General ojthe International Labour Office, atappropriate intervals as requestedby the Governing Body, the position oj the law and practice in theircountry in regard to the mattersdealt with in the Recommendation,showing the extent to which effecthas been given, or is proposed to begiven, to the provisions oj the Recommendation and such modifications oj these provisions as it hasbeen jound or may be joundnecessary to make in adopting orapplying them.

7. In the case oj a jederal State,the. jollowing provisions shall apply:

(a) in respect oj Conventions andRecommendations which thejederal Government regards asappropriate under its constitutional system jor jederalaction, the obligations oj thejederal State shall be thesame as those oj Memberswhich are not jederal States;


(b) in respect of Conventions andRecommendations which thefederal Ciovernment regardsas appropriate under its constitutional system, in wholeor in part, for action by theconstituent States, provinces,or cantons rather than forfederal action, the federalCiovernment shall-

(i) make, in accordance with itsConstitution and the Constitutions of the States, provincesor cantons concerned, effective arrangements for the reference of such Conventions andRecommendations not laterthan eighteen months fromthe closing of the session ofthe Conference to the appropriate federal, State, provincial or cantonal authoritiesfor the enactment of legislation or other action;

(ii) arrange, subject to the concurrence of the State, provincial or cantonal Ciovernmentsconcerned, for periodical consultations between the federaland the State, provincial orcantonal authorities with aview to promoting within thefederal State co-ordinated action to give effect to the provisions of such Conventionsand Recommendations;

(iii) inform the Director-Cieneral ofthe International Labour Officeof the measures taken in accordance with this article to bringsuch Conventions and Recommendations before the appropriatefederal, State, provincial or can-


. 10. The above Article shall be interpreted in accordance with the following principle:

11. In no case shall any Memberbe asked or required, as a result of theadoption of any recommendation ordraft convention by the Conference,

tonal authorities with particularsoj the authorities regarded asappropriate and qf the actiontaken by them;

(iv) in respect oj each such Conventionwhich it has not ratified, reportto the L>irector-Cieneral oj theInternational Labour Office, atappropriate intervals as requestedby the Cioverning Body, the position oj the law and practice ojthe Jederation and its constituentStates, provinces or cantons inregard to the Convention, showingthe extent to which effect hasbeen given, or is proposed to begiven, to any oj the provisionsoj the Convention by legislation,administrative action, collectiveagreement, or otherwise;

(v) in respect oj each such Recommendation, report to the L>irectorCieneral oj the International Labour Office, at appropriate intervals as requested by the CioverningBody, the position oj the lawand practice oj the Jederation andits constituent States, provincesor cantons in regard to the Recommendation, showing the extentto which effect has been given,or is proposed to be given, tothe provisions oj the Recommendation and such modifications ojthese provisions as have beenfound or may be Jound necessaryin adopting or applying them.

8. In no case shall the adoption ofany Convention or Recommendationby the Conference, or the ratificationof any Convention by any Member,be deemed to affect any law, award,custom or agreement which ensuresmore favourable conditions to the


to lessen the protection afforded by itsexisting legislation to the workers concerned.

Article 20

Any convention so ratified shall beregistered by the Secretary-Generalof the League of Nations, but shallonly be binding upon the Memberswhich ratify it.

Article 21

1. If any convention coming beforethe Conference for final considerationfails to secure the support of twothirds of the votes cast by the Delegates present, it shaH nevertheless bewithin the right of any of the Members of the Permanent Organisationto agree to such convention amongthemselves.

2. Any convention so agreed toshall be communicated by the Governments concerned to the SecretaryGeneral of the League of Nations,who shall register it.

Article 22

Each of the Members agrees tomake an annual report to the International Labour Office on the measures which it has taken to give effectto the provisions of conventions towhich it is a party. These reports shallbe made in such form and shall con-

workers concerned than those provided for in the Convention or Recommendation.

Article 20

Any Convention so ratified shaHbe communicated by the DirectorGeneral of the International LabourOffice to the Secretary-General of theUnited Nations for registration in accordance with the provisions of Article 102 of the Charter of the UnitedNations but shall only be bindingupon the Members which ratify it.

Article 21

1. If any Convention coming before the Conference for final consideration fails to secure the support oftwo thirds of the votes cast by thedelegates present, it shall neverthelessbe within the right of any of theMembers of the Organisation to agreeto such Convention among themselves.

2. Any Convention so agreed toshall be communicated by the Governments concerned to the DirectorGeneral of the International LabourOffice and to the Secretary-Generalof the United Nations for registrationin accordance with the provisions ofArticle 102 of the Charter of theUnited Nations.

Article 22

Each of the Members agrees tomake an annual report to the International Labour Office on themeasures which it has taken to giveeffect to the provisions of Conventions to which it is a party. Thesereports shall be made in such form


tain such particulars as the Governing Body may request. The Directorshall lay a summary of these reportsbefore the next meeting of the Conference.

Article 23

In the event of any representationbeing made to the International Labour Office by an industrial association of employers or of workers thatany of the Members has failed to secure in any respect the effective observance within its jurisdiction of anyconvention to which it is a party, theGoverning Body may communicatethis representation to the Government against which it is made, andmay invite that Government to makesuch statement on the subject as itmay think fit.

Article 24

If no statement is received withina reasonable time from the Government in question, or if the statementwhen received is not deemed to besatisfactory by the Governing Body,

and shall contain such particulars asthe Governing Body may request.

Article 23

1. The Director-General shall laybefore the next meeting of the Conference a summary of the informationand reports communicated to him byMembers in pursuance of Articles 19and 22.

2. Each Member shall communicate to the representative organisations recognised for the purpose ofArticle 3 copies of the informationand reports communicated to the Director-General in pursuance of Articles 19 and 22.

Article 24

In the event of any representationbeing made to the International Labour Office by an industrial association of employers or of workers thatany of the Members has failed to secure in any respect the effective observance within its jurisdiction of anyConvention to which it is a party, theGoverning Body may communicatethis representation to the Governmentagainst which it is made, and mayinvite that Government to make suchstatement on the subject as it maythink fit.

Article 25

If no statement is received withina reasonable time from the Government in question, or if the statementwhen received is not deemed to besatisfactory by the Governing Body,


the latter shall have the right to publish the representation and the statement, if any, made in reply to it.

Article 25

1. Any of the Members shall havethe right to file a complaint with theInternational Labour Office if it isnot satisfied that any other Memberis securing the effective observance ofany convention which both have ratified in accordance with the foregoingArticles.

2. The Governing Body may, if itthinks fit before referring such a complaint to a Commission of Enquiry, ashereinafter provided for, communicate with the Government in questionin the manner described in Article 23.

3. If the Governing Body does notthink it necessary to communicate thecomplaint to the Government inquestion, or if, when they have madesuch communication, no statementin reply has been received within areasonable time which the GoverningBody considers to be satisfactory, theGoverning Body may apply for theappointment of a Commission of Enquiry to consider the complaint andto report thereon.

4. The Governing Body mayadopt the same procedure either ofits own motion or on receipt of a complaint from a Delegate to the Conference.

5. When any matter arising out ofArticles 24 or 25 is being consideredby the Governing Body, the Government in question shall, if not alreadyrepresented thereon, be entitled tosend a representative to take part inthe proceedings of the Governing

the latter shall have the right to publish the representation and the statement, if any, made in reply to it.

Article 26

1. Any of the Members shall havethe right to file a complaint with theInternational Labour Office if it is .not satisfied that any other Memberis securing the effective observance ofany Convention which both haveratified in accordance with the foregoing Articles.

2. The Governing Body may, if itthinks fit, before referring such a complaint to a Commission of Enquiry,as hereinafter provided for, communicate with the Government in question in the manner described in Article 24.

3. If the Governing Body does notthink it necessary to communicate thecomplaint to the Government in question, or if, when it has made suchcommunication, no statement inreply has been received within a reasonable time which the GoverningBody considers to be satisfactory, theGoverning Body may appoint a Commission of Enquiry' to consider thecomplaint and to report thereon.

4. The Governing Body mayadopt the same procedure either ofits own motion or on receipt of acomplaint from a delegate to theConference.

5. When any matter arising out ofArticles 25 or 26 is being consideredby the Governing Body, the Government in question shall, if not alreadyrepresented thereon, be entitled tosend a representative to take part inthe proceedings of the Governing


Body while the matter is under consideration. Adequate notice of thedate on which the matter will be considered shall be given to the Government in question.

Article 26

1. The Commission of Enquiryshall be constituted in accordancewith the following provisions:

2. Each of the Members agrees tonominate within six months of thedate on which the present Treatycomes into force three persons of industrial experience, of whom oneshall be a representative of employers, one a representative of workers,and one a person of independentstanding, who shall together form apanel from which the members ofthe Commission of Enquiry shall bedrawn.

3. The qualifications of the persons so nominated shall be subject toscrutiny by the Governing Body,which may by two thirds of the votescast by the representatives present refuse to accept the nomination of anyperson whose qualifications do not inits opinion comply with the requirements of the present Article.

4. Upon the application of theGoverning Body, the SecretaryGeneral of the League of Nationsshall nominate three persons, onefrom each section of this panel, toconstitute the Commission of Enquiry, and shall designate one of themas the President of the Commission.None of these three persons shall bea person nominated to the panel byany Member directly concerned. inthe complaint.

Body while the matter is under consideration. Adequate notice of thedate on which the matter will be considered shall be given to the Government in question.


Article 27

The Members agree that, in theevent of the reference of a complaintto a Commission of Enquiry underArticle 25, they will each, whetherdirectly concerned in the complaintor not, place at the disposal of theCommission all the information intheir possession which bears upon thesubject matter of the complaint.

Article 28

1. When the Commission of Enquiry has fully considered the complaint, it shall prepare a reportembodying its findings on all questions of fact relevant to determiningthe issue between the parties and containing such recommendations as itmay think proper as to the stepswhich should be taken to meet thecomplaint and the time within whichthey should be taken.

2. It shall also indicate in thisreport the measures, if any, of an economic character against a defaultingGovernment which it considers to beappropriate, and which it considersother Governments would be justifiedin adopting.

Article 29

1. The Secretary-General of theLeague of Nations shall communicatethe report of the Commission of Enquiry to each of the Governmentsconcerned in the complaint, and shallcause it to be published.

2. Each of these Governmentsshall within one month inform theSecretary-General of the League ofNations whether or not it accepts

Article 27

The Members agree that, in theevent of the reference of a complaintto a Commission of Enquiry underArticle 26, they will each, whetherdirectly concerned in the complaintor not, place at the disposal of theCommission all the information intheir possession which bears upon thesubject matter of the complaint.

Article 28

When the Commission of Enquiryhas fully considered the complaint,it shall prepare a report embodyingits findings on all questions of factrelevant to determining the issue between the parties and containing suchrecommendations as it may thinkproper as to the steps which shouldbe taken to meet the complaint andthe time within which they should betaken.

Article 29

1. The Director-General of theInternational Labour 0 ffice shallcommunicate the report of the Commission of Enquiry to the GoverningBody and to each of the Governmentsconcerned in the complaint, and shallcause it to be published.

2. Each of these Governmentsshall within three months inform theDirector-General of the InternationalLabour Office whether or not it ac-


the recommendations contained inthe report of the Commission; andif not, whether it proposes to referthe complaint to the PermanentCourt of International Justice of theLeague of Nations.

Article 30

In the event of any Member failing to take the action required byArticle 19, with regard to a recommendation or draft convention, anyother Member shall be entitled torefer the matter to the PermanentCourt of International Justice.

Article 31

The decision of the PermanentCourt of International Justice in regard to a complaint or matter whichhas been referred to it in pursuance ofArticle 29 or Article 30 shall be final.

Article 32

The Permanent Court of International Justice may affirm, vary orreverse any of the findings or recommendations of the Commission of Enquiry, if any, and shall in its decisionsindicate the measures, if any, of aneconomic character which it considers to be appropriate, and whichother Governments would be-justifiedin adopting against a defaulting Gov·ernment.

Article 33

In the event of any Member failingto. carry out within the time specifiedthe recommendations, if any, con-

219-91S--70----15

cepts the recommendations containedin the report of the Commission; andif not, whether it proposes to referthe complaint to the InternationalCourt of Justice.

Article 30

In the event of any Member failingto take the action required by paragraphs 5 (b), 6 (b) or 7 (b) (i) ofArticle 19 with regard to a Convention or Recommendation) any otherMember shall be entitled to refer thematter to the Governing Body. In theevent of the Governing Body findingthat there has been such a failure) itshall report the matter to theConference.

Article 31

The decision of the InternationalCourt of Justice in regard to a complaint or matter which has been referred to it in pursuance of Article 29shall be final.

Article 32

The International Court of Justicemay affirm, vary or reverse any of thefindings or recommendations of the.Commission of Enquiry, if any.

Article 33

In the event of any Member failing to carry out within 'the time specified the recommendations, if any,


tained in the report of the Commission of Enquiry, or in the decision ofthe Permanent Court of InternationalJustice, as the case may be, any otherMember may take against that Member the measures of an economiccharacter indicated in the report ofthe Commission or in the decision ofthe Court as appropriate to the case.

Article 34

The defaulting Government mayat any time inform the GoverningBody that it has taken the steps necessary to comply with the recommendations of the Commission ofEnquiry or with those in the decisionof the Permanent Court of International Justice, as the case may be,and may request it to apply to theSecretary-General of the League toconstitute a Commission of Enquiryto verify its contention. In this casethe provisions of Articles 26, 27, 28,29, 31 and 32 shall apply and if thereport of the Commission of Enquiryor the decision of the PermanentCourt of International Justice is infavour of the defaulting Government,the other Governments shall forthwith discontinue the measures of aneconomic character that they havetaken against the defaulting Government.

CHAPTER III-GENERAL

Article 35

1. The Members engage to applyconventions which they have ratifiedin accordance with the provisions ofthis Part of the present Treaty to theircolonies, protectorates and posses-

contained in the report of the Commission of Enquiry, or in the decisionof the International Court of Justice,as the case may be, the GoverningBody may recommend to the Conference such action as it may deem wiseand expedient to secure compliancetherewith.

Article 34

The defaulting Government mayat any time inform the GoverningBody that it has taken the steps necessary to comply with the recommendations of the Commission of Enquiry or with those in the decision ofthe International Court of Justice, asthe case may be, and may request itto constitute a Commission of Enquiry to verify its contention. In thiscase the provisions of Articles 27, 28,29, 31 and 32 shall apply, and if thereport of the Commission of Enquiryor the decision of the InternationalCourt of Justice is in favour of thedefaulting Government, the Governing Body shall forthwith recommendthe discontinuance of any actiontaken in pursuance of Article 33.

CHAPTER III-GENERAL

Article 35

1. The Members undertake thatConventions which they have ratifiedin accordance with the provisions ofthis Constitution shall be applied tothe non-metropolitan territories for


sions which are not fully self-governing:

(1) Except where owing to thelocal conditions the convention isinapplicable, or

(2) Subject to such modificationsas may be necessary to adapt the convention to local conditions.

2. And each of the Members shallnotify to the International LabourOffice the action taken in respect ofeach of its colonies, protectorates andpossessions which are not fullyself-governing.

whose international relations they areresponsible, including any trust territories for which they are the administering authority, except where thesubject matter of the Convention iswithin the self-governing powers ofthe territory or the Convention is inapplicable owing to the local conditions or subject to such modificationsas may be necessary to adapt theConvention to local conditions.

2. Each Member which ratifies aConvention shall as soon as possibleafter ratification communicate to theDirector-General of the InternationalLabour Office a declaration statingin respect of the territories other thanthose referred to in paragraphs 4 and5 below the extent to which it undertakes that the provisions of the Convention shall be applied and givingsuch particulars as may be prescribedby the Convention.

3. Each Member which has communicated a declaration in virtue ofthe preceding paragraph may fromtime to time, in accordance with theterms of the Convention, communicate a further declaration modifyingthe terms of any former declarationand stating the present position inrespect of such territories.

4. Where the subject matter of theConvention is within the self-governing powers of any non-metropolitanterritory the Member responsible forthe international relations of that territory shall bring the Convention tothe notice of the Government of theterritory as soon as possible with aview to the enactment of legislationor other action by such Government.Thereafter the Member, in agreement with the Government of the ter-


ritory, may communicate to the Director-General of the InternationalLabour Office a declaration accepting the obligations of the Conventionon behalf of such territory.

5. A declaration accepting the obligations of any Convention may becommunicated to the Director-Ceneral of the International LabourOffice-

( a) by two or more Members of theOrganisation in respect of anyterritory which is under theirjoint authority; or

(b) by any international authorityresponsible for the administration of any territory, in virtueof the Charter of the UnitedNations or otherwise, in respectof any such territor'y.

6. Acceptance of the obligations ofa Convention in virtue of paragraph4 or paragraph 5 shall involve theacceptance on behalf of the territoryconcerned of the obligations stipulated by the terms of the Conventionand the obligations under the Constitution of the Organisation whichapply to ratified Conventions. A declaration of acceptance may sjJecifJ'such modifications of the provisionsof the Convention as may be necessary to adapt the Convention to localconditions.

7. Each Member or internationalauthority which has communicated adeclaration in virtue of paragraph 4or paragraph 5 of this Article mayfrom time to time, in accordance withthe terms of the Convention, communicate a further declaration modifying the terms of any formerdeclaration or terminating the accep-


tance of the obligations of the Convention on behalf of the territoryconcerned.

8. If the obligations of a Convention are not accepted on behalf of aterritory to which paragraph 4 orparagraph 5 of this Article relates,the Member or Members or international authority concerned shall report to the Director-General of theInternational Labour 0 fJice the position of the law and practice of thatterritory in regard to the matters dealtwith in the Convention and the report shall show the extent to whicheffect has been given, or is proposedto be given, to any of the provisionsof the Convention by legislation, administrative action, collective agreement or otherwise and shall state thedifJiculties which prevent or delay theacceptance of such Convention.

Article 36

Amendments to this Constitutionwhich are adopted by the Conferenceby a majority of two thirds of thevotes cast by the delegates presentshall take effect when ratified or accepted by two thirds of the Membersof the Organisation including five ofthe eight Members which are represented on the Governing Body a<;Members of chief industrial importance in accordance with the provisions of paragraph 3 of Article 7 ofthis Constitution.

Article 37

Any question or dispute relating tothe interpretation of this Part of thepresent Treaty or of any subsequentconvention concluded by the Members in pursuance of the provisions

Article 36

Amendments to this Constitutionwhich are adopted by the Conferenceby a majority of two thirds of thevotes cast by the delegates presentshall take effect when ratified or accepted by two thirds of the Membersof the Organisation including five ofthe eight Members which are represented on the Governing Body asMembers of chief industrial importance in accordance with the provisions of paragraph 3 of Article 7 ofthis Constitution.

Article 37

1. Any question or dispute relatingto the interpretation of this Constitution or of any subsequent Conventionconcluded by the Members in pursuance of the provisions of this Con-


of this Part of the present Treaty shallbe referred for decision to the Pennanent Court of International Justice.

stitution shall be referred for decisionto the International Court of Justice.

2. Notwithstanding the provisionsof paragraph 1 of this Article theGoverning Body may make and submit to the Conference for approvalrules providing for the appointmentof a tribunal for the expeditious determination of any dispute or questionrelating to the interpretation of aConvention which may be referredthereto by the Governing Body or inaccordance with the terms of the Convention. Any applicable judgment oradvisory opinion of the InternationalCourt of Justice shall be binding uponany tribunal established in virtue ofthis paragraph. Any award made bysuch a tribunal shall be circulated tothe Members of the Organisationand any observations which they maymake thereon shall be brought before the Conference.

Article 38

1. The International Labour Organisation may convene such regionalconferences and establish such regional agencies as may be desirableto promote the aims and purposes ofthe Organisation.

2. The powers, functions and procedure of regional conferences shallbe governed by rules drawn up by theGoverning Body and submitted to theGeneral Conference for confirmation.

CHAPTER IV-MISCELLANEOUS

.PROVISIONS

Article 39

The International Labour Organisation shall possess full juridical per-


wnality and in particular the capacity-

(a) to contract;(b) to acquire and dispose of im

movable and movable property;

(c) to institute legal proceedings.

Article 40

1. The International Labour Organisation shall enjoy in the territoryof each of its Members such privilegesand immunities as are necessary forthe fulfilment of its purposes.

2. Delegates to the Conference,members of the Governing Body andthe Director-General and officials ofthe Office shall likewise enjoy suchprivileges and immunities as are necessary for the independent exercise oftheir functions in connection with theOrganisation.

3. Such privileges and immunitiesshall be defined in a separate agreement to be prepared by the Organisation with a view to its acceptance bythe Members.

ANNEX

Declaration concerning the aims andpurposes of the International Labour Organisation.

The General Conference of theInternational Labour Organisation,meeting in its Twenty-sixth Sessionin Philadelphia, hereby adopts, thistenth day of May in the year nineteen hundred and forty-four, thepresent Declaration of the aims andpurposes of the International LabourOrganisation and of the principles


which should inspire the policy of itsMembers.

I

The Conference reaffirms the fundamental principles on which the Organisation is based and, in particular,that:

(a) labour is not a commodity;(b) freedom of expression and of

association are essential to sustainedprogress;

(c) poverty anywhere constitutesa danger to prosperity everywhere;

(d) the war against want requiresto be carried on with unrelentingvigour within each nation, and bycontinuous and concerted international effort in which the representatives of workers and employers, enjoying equal status with those ofGovernments, join with them in freediscussion and democratic decisionwith a view to the promotion of thecommon welfare.

II

Believing that experience has fullydemonstrated the truth of the statement in the Constitution of the International Labour Organisation thatlasting peace can be established onlyif it is based on social justice, the Conference affirms that:

(a) all human beings irrespectiveof race, creed or sex, have the rightto pursue both their material wellbeing and their spiritual developmentin conditions of freedom and dignity, of economic security and equalopportunity;


(b) the attainment of the conditions in which this shall be possiblemust constitute the central aim ofnational and international policy;

(c) all national and internationalpolicies and measures, in particularthose of an economic and financialcharacter, should be judged in thislight and accepted only in so far asthey may be held to promote and notto hinder the achievement of this fundamental objective;

(d) it is a responsibility of the International Labour Organisation toexamine and consider all international economic and financial policiesand measures in the light of this fundamentalobjective;

(e) in discharging the tasks entrusted to it the International LabourOrganisation, having considered allrelevant economic and financial factors, may include in its decisions andrecommendations any provisionswhich it considers appropriate.

III

The Conference recognises the solemn obligation of the InternationalLabour Organisation to furtheramong the nations of the world programmes which will achieve:

(a) full employment and the raising of standards of living;

(b) the employment of workersin the occupations in which they canhave the satisfaction of giving thefullest measure of their skill and attainments and make their greatestcontribution to the common wellbeing;

(c) the provision, as a means tothe attainment of this end and under

219-91S--70----16


adequate guarantees for all concerned, of facilities for training andthe transfer of labour, including migration for employment and settlement;

(d) policies in regard to wagesand earnings, hours and other conditions of work calculated to ensure ajust share of the fruits of progress toall, and a minimum living wage to allemployed and in need of such protection;

(e) the effective recognition ofthe right of coIlective bargaining, theco-operation of management and labour in the continuous improvementof productive efficiency, and the collaboration of workers and employersin the preparation and application ofsocial and economic measures;

(f) the extension of social security measures to provide a basic income to all in need of such protectionand comprehensive medical care;

(g) adequate protection for thelife and health of workers in all occupations;

(h) provision for child welfareand maternity protection;

(i) the provision of adequate nutrition, housing and facilities for recreation and culture;

(j) the assurance of equality ofeducational and vocational opportunity.

IV

Confident that the fuller andbroader utilisation of the world's productive resources necessary for theachievement of the objectives setforth in this Declaration can be secured by effective international andnational action, including measures


to expand production and consumption, to avoid severe economic fluctuations, to promote the economicand social advancement of the lessdeveloped regions of the world, toassure greater stability in world pricesof primary products, and to promotea high and steady volume of international trade, the Conference pledgesthe full co-operation of the International Labour Organisation withsuch international bodies as may beentrusted with a share of the responsibility for this great task and for thepromotion of the health, educationand well-being of all peoples.

vThe Conference affirms that the

principles set forth in this Declarationare fully applicable to all peopleseverywhere and that, while the manner of their application must be determined with due regard to the stageof social and economic developmentreached by each people, their progressive application to peoples who arestill dependent, as well as to thosewho have already achieved self-government, is a matter of concern tothe whole civilised world.

CHAPTER IV-TRANSITORY

PROVISIONS

Article 38

1. The first meeting of the Conference shall take place in October,1919. The place and agenda for thismeeting shall be as specified in theAnnex hereto.

2. Arrangements for the convening and the organisation of the firstmeeting of the Conference will be


made by the Government designatedfor the purpose in the said Annex.That Government shall be assisted inthe preparation of the documents forsubmission to the Conference by anInternational Committee constitutedas provided in the said Annex.

3. The expenses of the first meeting and of all subsequent meetingsheld before the League of Nationshas been able to establish a generalfund, other than the·expenses of Delegates and their advisers, will be borneby the Members in accordance withthe apportionment of the expensesof the International Bureau of theUniversal Postal Union.

Article 39

Until the League of Nations hasbeen constituted all communicationswhich under the provisions of theforegoing Articles should be addressed to the Secretary-General ofthe League will be preserved by theDirector of the International LabourOffice, who will transmit them to theSecretary-General of the League.

Article 40

Pending the creation of a Permanent Court of International Justice,disputes which in accordance withthis Part of the present Treaty wouldbe submitted to it for decision will bereferred to a tribunal of three persons appointed by the Council of theLeague of Nations.

ANNEX

FIRST MEETING OF ANNUAL

LABOUR CONFERENCE, 1919

1. The place of meeting will beWashington.


2. The Government of the UnitedStates of America is requested to. convene the Conference.

3. The International OrganisingCommittee will consist of seven members, appointed by the United Statesof America, Great Britain, France,Italy, Japan, Belgium and Switzerland. The Committee may, if itthinks necessary, invite other Members to appoint representatives.

4. Agenda:

( 1) Application of principle ofthe 8-hours day or of the 48-hoursweek.

(2) Question of preventing orproviding against unemployment.

(3) Women's employment:

(a) Before and after childbirth,including the question of maternitybenefit;

(b) During the night;(c) In unhealthy processes.

(4) Employment of children:

(a) Minimum age of employ-ment;

(b) During the night;(c) In unhealthy processes.

(5) Extension and application ofthe International Conventionsadopted at Berne in 1906 on the prohibition of night work for womenemployed in industry and the prohibition of the use of white phosphorusin the manufacture of matches.

SECTION II

GENERAL PRINCIPLES

Article 41

The High Contracting Parties,recognising that the well-being, physi-


cal, moral and intellectual, of industrial wage earners is of supremeinternational importance, haveframed, in order to further this greatend, the permanent machinery provided for in Section I, and associatedwith that of the League of Nations.

They recognise that differences ofclimate, habits and customs, of economic opportunity and industrialtradition, make strict uniformity inthe conditions of labour difficult ofimmediate attainment. But, holdingas they do that labour should not beregarded merely as an article of commerce, they think that there are methods and principles for regulating labour conditions which all industrialcommunities should endeavour toapply, so far as their special circumstances will permit.

Among these methods and principles, the following seem to the HighContracting Parties to be of specialand urgent importance:

First.-The guiding principleabove enunciated that labour shouldnot be regarded merely as a commodity or article of commerce.

Second.-The right of associationfor all lawful purposes by the employed as well as by the employers.

Third.-The payment to the employed of a wage adequate to maintain a reasonable standard of life asthis is understood in their time andcountry.

Fourth.-The adoption of aneight hours day or a forty-eight hoursweek as the standard to be aimed atwhere it has not already beenattained.


Fifth.-The adoption of a weeklyrest of at least twenty-four hours,which should include Sunday wherever practicable.

Sixth.-The abolition of child labour and the imposition of such limitations on the labour of young personsas shall permit the continuation oftheir education and assure theirproper physical development.

Seventh.-The principle that menand women should receive equal remuneration for work of equal value.

Eighth.-The standard set by lawin each country with respect to theconditions of labour should have dueregard to the equitable economictreatment of all workers lawfully resident therein.

Ninth.-Each State should makeprovision for a system of inspectionin which women should take part, inorder to ensure the enforcement ofthe laws and regulations for theprotection of the employed.

Without claiming that thesemethods and principles are eithercomplete or final, the High Contracting Parties are of opinion that theyare well fitted to guide the policy ofthe League of Nations; and that, ifadopted by the industrial communities who are Members of the League,and safeguarded in practice by anadequate system of such inspection,they will confer lasting benefits uponthe wage earners of the world.

The foregoing is the authentic text of the Constitution of the InternationalLabour Organisation Instrument of Amendment, 1946, duly adopted by theGeneral Conference of the International Labour Organisation on the ninthday of October one thousand nine hundred and forty-six in the course of itstwenty-ninth Session, which was held at Montreal.


The English and French versions of the text of this Instrument of Amendment are equally authoritative.

IN FAITH WHEREOF we have appended our signatures this first day ofNovember 1946.

The President of the Conference,HUMPHREY MITCHELL

The Director-General of the International Labour Office,EDWARD PHELAN

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