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Governing Body for DECISION INTERNATIONAL LABOUR OFFICE GB.295/5 295th Session Governing Body Geneva, March 2006 FOR DECISION FIFTH ITEM ON THE AGENDA Review of annual reports under the follow-up to the ILO Declaration on Fundamental Principles and Rights at Work Introduction by the ILO Declaration Expert- Advisers to the compilation of annual reports (Geneva, March 2006) 1. The annex to the ILO Declaration on Fundamental Principles and Rights at Work provides for reports to be requested annually of member States under article 19, paragraph 5(e), of the ILO Constitution. The Office is responsible for preparing a compilation of the reports. Paragraph II.B.3 of the annex states: “With a view to presenting an introduction to the reports so compiled, drawing attention to any aspects which might call for a more in-depth discussion, the Office may call upon a group of experts appointed for this purpose by the Governing Body.” At its 274th Session (March 1999) the Governing Body decided to set up such a group of experts, composed of seven Expert-Advisers, whom it most recently appointed at its 282nd Session (November 2001). The Governing Body assigned them to the responsibility, in line with the objectives of the follow-up to the ILO Declaration on Fundamental Principles and Rights at Work as set out in the annex to the Declaration, to: (a) examine the information compiled by the Office on the basis of the replies from Members that have not ratified the relevant Conventions to the report forms sent by the Office in accordance with article 19, paragraph 5(e), of the Constitution, as well as any comments on those replies made in accordance with article 23 of the Constitution and established practice; (b) present to the Governing Body an introduction to the compilation based on those reports, drawing its attention to aspects that seem to call for more in-depth discussion; (c) propose to the Governing Body, for discussion and decision, any adjustments that they think desirable to the report forms. 1 2. After six cycles of the Annual Review, the Governing Body approved, in March 2005, the Expert-Advisers’ recommendation (paragraph 31 of GB.292/4) to reflect information on countries in baseline information tables. These tables, based on information provided by 1 Governing Body, Minutes of the 274th Session, sixth sitting. GB295-5-2006-01-0322-1-En.doc/v3 1 GB.295/5 governments under the Annual Review, as well as on observations by employers’ and workers’ organizations, and on recommendations by the Expert-Advisers and/or the Governing Body, were compiled by the Office and brought to the attention of the Expert- Advisers at their January 2006 meeting. 3. The annual reports and related comments of employers’ and workers’ organizations were compiled by the Office, in accordance with established practice. Following consultations during the November 2002 session of the Governing Body, the compilation is no longer issued in hard copy, but can be consulted on the public web site of the Declaration Programme. 2 The list of governments that have sent reports, and of national and international workers’ and employers’ organizations’ comments thereon, can be found in Annex 4 to the Expert-Advisers’ Introduction. The baseline tables are also being made available on the web site. 4. The compilation was submitted to the Expert-Advisers, who met from 11 to 16 January 2006. This attached Introduction prepared by the Expert-Advisers, is submitted for review by the Governing Body. 5. The Governing Body may wish to examine the attached Introduction by the Expert-Advisers, reflect on paragraphs 18 to 26 of the Introduction, and take the appropriate decisions on the recommendations in paragraphs 28 to 31 of the same document. Geneva, 30 January 2006. Point for decision: Paragraph 5. 2 See www.ilo.org/declaration . 2 GB295-5-2006-01-0322-1-En.doc/v3 Review of annual reports under the follow-up to the ILO Declaration on Fundamental Principles and Rights at Work Introduction by the ILO Declaration Expert-Advisers to the compilation of annual reports Geneva, March 2006 GB.295/5 Contents Page Abbreviations .................................................................................................................................... vii Part I. Observations and recommendations by the Expert-Advisers ....................................... 1 A. Expert-Advisers’ overall observations.................................................................................... 1 1. Basic considerations ..................................................................................................... 1 2. Sources and kinds of information ................................................................................. 2 3. The future...................................................................................................................... 4 4. Appreciation ................................................................................................................. 5 5. Information on reporting and ratifications.................................................................... 6 B. Expert-Advisers’ recommendations to the Governing Body ................................................. 8 C. Expert-Advisers’ recommendations to the Governing Body in relation to the Office............ 8 D. Comments by the Expert-Advisers on the four categories of fundamental principles and rights at work.............................................................................. 8 1. Freedom of association and the effective recognition of the right to collective bargaining..................................................................................................... 8 2. The elimination of all forms of forced or compulsory labour...................................... 10 3. The effective abolition of child labour.......................................................................... 12 4. The elimination of discrimination in respect of employment and occupation............. 13 Part II. Information provided under the Annual Review .......................................................... 15 A. Efforts made in respecting, promoting and realizing fundamental principles and rights at work.................................................................................................................... 15 1. Freedom of association and effective recognition of the right to collective bargaining ..................................................................................................................... 15 (a) Reporting............................................................................................................ 15 (b) Reports mentioning efforts................................................................................. 17 (c) Challenges mentioned ........................................................................................ 21 (d) Reports indicating no change ............................................................................. 32 2. Elimination of all forms of forced or compulsory labour ............................................ 32 (a) Reporting............................................................................................................ 32 (b) Reports mentioning efforts................................................................................. 34 (c) Challenges mentioned ........................................................................................ 37 (d) Reports indicating no change ............................................................................. 40 GB295-5-2006-01-0322-1-En.doc/v3 iii GB.295/5 3. Effective abolition of child labour ................................................................................ 40 (a) Reporting ............................................................................................................ 40 (b) Reports mentioning efforts ................................................................................. 42 (c) Challenges mentioned......................................................................................... 51 (d) Reports indicating no change ............................................................................. 54 4. Elimination of discrimination in employment and occupation.................................... 54 (a) Reporting ............................................................................................................ 54 (b) Reports mentioning efforts ................................................................................. 55 (c) Challenges mentioned......................................................................................... 59 (d) Reports indicating no change ............................................................................. 61 B. The role of employers’ and workers’ organizations............................................................... 61 1. General involvement..................................................................................................... 61 2. Employers’ organizations ............................................................................................. 63 3. Workers’ organizations................................................................................................. 66 4. Involvement in reporting............................................................................................... 68 5. Involvement in activities............................................................................................... 69 C. Governments’ relations
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