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    WPS 76-77/GG/D.l(rev.)

    INTERNATIONAL LABOUR ORGANISATION

    MEETING OP GOVERNMENT MEMBERS OF THEWORKING PARTY ON STRUCTURE(Geneva, 22 November-3 December 1976)

    Summary of the Proceedings su bmi tte dby the Chairman andadopt'd by the Government members of the Working Party on Structure

    1. The Government members of the Working Party on Structure met in Geneva on22 November 1976 under the chairmanship of Ambassador Azimi (Iran).. The list ofparticipants at the meeting is given in Appendix I. In accordance with the mandategiven by the International Labour Confrence at its 61st Session, June 1976 (seeProvisional Record No. 2 7), they examined the mmorandum submitted by the AsianGovernment group (attache as Appendix II).2. The Government members took the view that the main questions were thoseposed by articles 7 and 36 of the Constitution of the ILO and decided to begin bydealing with those two articles. They also took the view that in the event of it

    proving possible to reach agreement on article 7 of the Constitution as regards thenon-elective seats on the Governing Body, the problem of article 36 involving anamendment to the Constitution could be easily settled. They therefore began theirdiscussions by examining article. 7.3. With a view to facilitating discussions and accelerating the proceedings,the Government members set up a restricted group in which those members who wishedcould participate. In the course of the work of this group, those members fromcountries belonging to the Group of 77 and the members from industrialised market-economy countries held several meetings with the object of bringing their respectivepositions closer. Alongside thse meetings many unofficial consultations tookplace among members belonging to the same rgion (Asia, America, Latin America,Africa, Europe, Eastern European Socialist countries) with the object of examining theproposais of the countries belonging to the Group of 77. Contacts also took placebetween individual members with a view to furthering the discussions.4. The restricted group held numerous meetings between 23 November and2 December. At its first meeting the members from industrialised markt-economycountries invited the members from countries belonging to the Group of 77 to submita proposai in writing for examination by the restricted group.5. The members from countries belonging to the Group of 77 subsequently heldthree meetings following which they submitted on 25 November a new proposai inwriting seeking to reconcile, on the basis of the proposai of the Asian Governmentgroup. the principle of the limination of the non-elective seats on the GoverningBody with the principle of continuity (see Appendix II I) .6. The members from industrialised market-economy countries, while statingtheir apprciation of the efforts expended by the members from countries belongingto the Group of 77 in order to prsent a new proposai, considered that they requiredmore time to consider the matter.7. At the meeting of the restricted group on 29 November, the members from theindustrialised market-economy countries put several questions to the members belongingto the Group of 77 concerning their proposai; after receiving replies to each oftheir questions, they requested further time for reflection to examine the answersamong themselyes and to submit proposais from their side.

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    8. At the restricted group's meeting on 2 December, the members fromindustrialised market-economy countries stated that some of them were as yetunable to prsent their views on the proposai by the Group of 77 and that as awhole they were not yet in a position to prsent proposais. Under thse circum-stances, they wished to continue studying the question until the next meeting ofthe Government members of the Working Party on Structure scheduled for February 1977.The members from Socialist countries considered that the new proposai of the membersfrom countries belonging to the Group of 77 constituted a basis for examiningarticle 7 of the Constitution. They however expressed the view that the compositionof the Governing Body as a whole should also be examined. The members from industrialised market-economy countries and the members from countries belonging tothe Group of 77 considered it dsirable that the examination of this question shouldbe postponed to the March 1977 session of the tripartite Working Party. TheSocialist countries also supported the idea of rgionalisation and considered thatit should be the object of closer study.

    9. In the light of the spirit of mutual understanding and absence of constraintin the atmosphre which prevailed throughout the discussions, the Government membersconsidered it dsirable, in order to carry out the mandate conferred on the WorkingParty on Structure by the Confrence, to continue its work from 7- H February 1977with the object of arriving at an agreement on article 7 of the Constitution, takingas a starting point the proposai of the Asian Government group and the new proposaisubmitted by the members from countries belonging to the Group of 77 or otherformulae. It was understood that a report on the entire work of the Governmentmembers during both parts of its session would be drwn up at the end of the February1977 session for submission to the tripartite Working Party on Structure which is tobe held from 7-11 March 1977 following the 202nd Session of the Governing Body.

    10. The members from countries belonging to the Group of 77, bearing in mindthat the results achieved during the discussions of questions of structure in rcentyears, and up till now, were disproportionate to the time and money expended, considered that if next February it did not prove possible to achieve a compromiseconcerning articles 7 and 36 of the Constitution, they should seek other means tosecure the revision of the Constitution of the International Labour Organisation.

    S. Azimi,Chairman of the Government groupGeneva, 3 December 1976. f "the Working Party on Structure.

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    APPENDIX IList of participants

    Members appointed by the ConfrenceGovernment members:Algeria (Mr. Briki, Mr. Cherief)Belgium (Miss Marquegnies, Mr. Noterdaeme)Czechoslovakia (Mr. Drabes, Mrs. Molkova)Norway (Mr. Utheim, Mr. H^Sstmark)Pakistan (Mr. Yunus, Mr. Hashmi)Venezuela (Mr. Azprua Ayala, Mr. Griffin)

    Substittes;CongoEgypt (Mr. Fahim, Mr. Khalifa)Hungary (Mr. Sznsi)New Zealand (Mr. Ross, Miss Grainger)Peru (Mr. Chavez Godoy, Miss Cebreros)Sierra Leone

    Members appointed by the Governing BodyGovernment members:Italy (Mr. Ago, Mr. Occhipinti)Japan (Mr. Nomiyama, Mr. Kamo, Mr. Seo)Mexico (Mr. Lombera Pallares, Mr. Vallarta)Nigeria (Mr. Pepple, Mr. Williams)United States (Mr. Quackenbush, Mr. Pfeiffer)USSR (Mr. Malikov)

    Substitutes:Argentina (Mr. Jimenez Davila, Miss Guevara Achaval)Canada (Mr. Mainwaring, Mrs. Caron, Mr. Thibault, Mr. Moher)Iran (Mr. Azimi)MauritaniaPoland (Mr. Naszkowski)United Kingdom (Mr. Hess, Mr. Callway)

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    - 4 -APPENDIX II

    ILO structure

    The Aaian Government group, concerned that the Working Party on Structurehad concluded its work in February in an atmosphre of apparent deadlock andstalemate, has produced the attached paper for considration in the Committeeon Structure. The group wishes to emphasise that it is simply a thinkpiecewhich, it is hoped, will stimulate discussion in the Committee. The circulationof this paper does not imply that any of the Governments represented on the groupsubscribe to ail the ideas and proposais contained in it.

    Susanta de Alwis,Chairman,Asian Government group.

    June 1976.

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    ILO structure

    1. The Aslan Government group addressed itself oainly to what it regardedas the key lBSue, namely article 7 of the ILO Constitution which deale with themembership of the Governing Body, and in particular to paragraph 2 of that articlewhich deale with the statea of chief industrial importance. In treating thismatter the group was concerned only with the question of the reprsentation ofgovernments on the Ooverning Body and in no way sought to impinge on the autonomyof the Qnployere' and Workers' groupa.2. The group took into account the proceedings in th last session of theWorking Party on Structure. In particular it took into account that, on the onehand, the countries of the Group of 77 are firm on the question of the abolitionof the non-elective Beats on the Governing Body and that, on the other hand, theindustrialised countries insist on maintaining their permanent reprsentation onthe Governing Body. It vas also understood that during the last session of the

    Working Party a certain measure of understanding had been reached on the followingtwo principles:(i) that ail seats on the Governing Body should be lective; and

    (ii) that as far as possible sorne continu!ty in the work of the GoverningBody should be ensured.In connection with the latter principle the group was aware that for the Group of 77continuity means continuity of the work of the Governing Body and for the States ofchief industrial importance their continued prsence on the Governing Body.

    3. The group was aware that it was tackling issues which are highly complex,which hve been under discussion for many years and on which there is a profounddivision of opinion. It felt that even if it was unable to find any finalsolutions it hoped that it could open up fresh U n e s of thought which could formthe basis of further discussion by interested parties.4. With ail the above considrations in mind the group, in order to avoidthe cration of new problme, was of the view that changes in the structure of theILO should at this stage be kept to a minimum.5. The group began its work by considering the prsent composition of theGovernment members of the Governing Body, whloh is:

    Titular Deputy TotalA. Africa 6 6 12B. Americas 7 4 11C. Asla 6 3 9D. Europe 8 5 13E. Others (i.e. member States notincluded in the above fourgroupings) 1 - 128 18 46

    (The noh-elected ten States of chief industrial importance are of course includedIn the 28 titular members.)6. It seems to the group that there were certain inequities in the abovedistribution, and it therefore asked the Secrtariat whether there was a rationalbasis for it. Prom the information provided by the Secrtariat - see Annex - thegroup concluded that there was not.7. It also appeared to the group that there was insufficient justificationfor maintaining the distinction between titular and deputy seats and that the lattercould well be abolished. Deputies partlcipate equally with titulars in GoverningBody proceedings and committees of the Governing Body, the only limitations beingthat while they can hold office and vote on committees they are not eligible forthe post of Chairman of the Governing Body and hve no vote. (Voting however isvery rare.)

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    8. Believing that the Government seats should continue to be distributedon a rgional basis the group came to the conclusion that there were three criteriawhich would need to be taken into account in order that the distribution ehould bemadc; more rational and quitable. Thse criteria were:( a ) the economically active population in eaoh rgion;(b) the number of member States in each rgion; and(c) the total national income from each rgion (or, which is approximately thesame, the total contributions from each rgion to the ILO budget).

    9. The group agreed that, in principle, the size of the Governing Body shouldnot be increased above its prsent size of 102. It is already to an extentunwieldy, although this is no doubt invitable given its unique tripartite character.To illustrate, at the last meeting of the Governing Body the actual number of thoseattending, including advisers, etc., vas about 275 - an excessively large group forwhat is in fact the board of management. In the view of the sub-group a resonablefigure would be around 100, comprising 50 Government members, ail of which would betitular; 25 Employer members; and 25 Worker members. If agreement could bereached on a smaller figure so much the better; it would however be unrealistic toexpect that such an agreement could be reached.

    10. Using statistics supplied by the Secrtariat, and for national purposesassuming a total of 50 titular seats on the Governing Body as opposed to the prsent46 titular and deputy seatB, the followlng approximate results were achieved:Population States Contributions

    A.B.C.D..

    AfricaAmericasAsiaEuropeOthers

    5726111

    14118134

    117724150 50 50

    11. It can readily be seen that there are significant diffrences in the aboveresults. The group believes however that taie application of ail three criteriatogether would achieve a more rational distribution of seats than that existing atprsent.12. The group believed that there was now substantial acceptance of theprinciple that ail members of the Governing Body should be elected, and it fullyendorsed this principle. The group considered that while ail members should beelected by rgional government lectoral collges such lections should be con-firmed - or otherwise - by the government lectoral collge of the Confrence.It would, however, be resonable to make it hard for the government lectoralcollge to request the rgional collge to reconsider its nominations. This could

    be achieved by making it a requirement that such a request would need a majorityof two-thirds (or three-quarters?) in the government lectoral collge.13. If the principle that ail members of the Governing Body should be electedis accepted this means the abolition of the prsent privileged status of the tenStates of chief industrial importance. The group was aware of the importance ofhaving some form of continuity in the Governing Body. Taking into account alsothe importance of the principle of rgional autonomy the group nevertheless thoughtthat, as a possible basis for further discussion, each rgion could be required tohve aome reprsentation from its most industrialised countries on its list ofcandidates. Lists of the most industrialised countries in each rgion could bedrawn up by the ILO Secrtariat on the basis of the criteria of working populationand national income, both oriteria to hve equal weighting.14. The group considered article 36 of the ILO Constitution which gives thepower of veto to the States of chief industrial importance over constitutional

    a:aedments. It was of the view that the amendaient of this article should pose noserious problem once agreement on article 7 had been reached. The group foundself in broad agreement wlth the conclusions and recommendations of the Thirdession of the Working Party on Structure as set out in paragraph 24 of Provisionalkecord 2 of the 60th Session of the International Labour Confrence.

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    JoncluBlone15. The group is aware that it was not able to undertake lts task in the

    depth that would hve been possible had more time been available. It hopeshowever that ahould the Comaittee on Struoture find merit in sorne or ail of itsIdeas they could be discussed in the Conmittee during the 61st Session of theInternational Labour Confrence.

    Geneva,20 Hay 1976.

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    ANNEX

    NOTE CONCERNING CERTAIN HISTORICAL ASPECTS OF THEC O H P O S H I O H OE 1 H K 5 O V I ! R I 5 B O B Y Of T H E I L O

    1. In 1919 the ILO had 42 member States.(The list of "founder Members" comprised the 29 State slgnatorles of the Treaty

    League of Nations and of the ILO. The title, "Founder Member of the ILO", waser also granted to 13 other States invited to adhre to the Covenant of theNations. The list of thse 42 States la given In the Appendlx to this

    2 . The Governing Body was at that stage composed of 24 members (12 - 6 - 6 ) .rnment reprsentatives, 8 were to be "appointed by the members ofhief industrial importance" (article 393 of the Treaty of Versailles). The othersto be elected on a three-yearly basis by the government lectoral collge ofthe Confrence.3. In 1919 there was as yet no other provision in the Constitution expresslyreserving seats for the States of certain rgions, as was the case later.4 . An Organising Committee was set up by the Council of the Principal Alliedand Associated Powers to prpare the first International Labour Confrence (Washington,October-November 1919) which met in June 1919 to dtermine, on the basis of thestatistics which the Committee had aocepted, the eight Members of chief industrialimportance.The following States were designated: United States, Great Britain, Franoe,Germany, Italy, Belgium, Japan, Switzerland and Spain.(The reason why nine States were designated was that the Suprme Council leftit to the Washington Confrence to deoide whether Germany would be admitted to the

    I L O . In fact Germany was admitted whereas the United States, as is known, did notenter the ILO until 1934.)5. The nominations for the four lective seats took place during the WashingtonConfrence on 22 November 1919.The resuit was announced as follows:"The following four States were chosen to be represented on the Goveming BodyiSpain, Argentina, Canada, Poland, thse countries obtaining 29, 26, 20 and 16votes respectively, out of a total of 31 votes.

    Denmark and Romania each obtained 9 votes, Norway 4, India 3, Cuba andSweden 1 each.In the event of the Suprme Council of the League ofNations having to filla vacancy in the number of the 12 States named or eleoted, the Governmentdelegates, at the meeting referred to above, thought it neoessary to recommendthe name of a substitute member of the Governing Body who in their opinion shouldbe one of the States of northern Europe and thy agreed that the State inquestion should be Denmark."

    6. For the detailed account of thse initial nominations, including the objections to whioh they gave rise, see the Officiai Bulletin of the ILO, Volume I,ppgea 451-467.7 . To summarise, the composition of the Government group of the Governing Body

    in 1919 was as follows: Argentina, Belgium, Canada, Denmark, France, Great Britain,Italy, Jrian, Poland, Spain, Switzerland.M

    M X

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    19228. In 1922, the list of the eight principal powers was amended, Ind.la

    replacing Switzerland. The four elected members were Spain, Chile, Pinland andPoland (see Officiai Bulletin. Vol. VI).9. The Confrence moreover adopted in 1922 an instrument amending article 393of the Treaty of Versailles. Under the terms of this instrument, the GoverningBody should henceforward be composed of 16 Government reprsentatives, 8 Employers1reprsentatives and 8 Workers' reprsentatives.It was also provided that of the 16 Government members "six shall be non-European StateB".Moreover, two Employers' reprsentatives and two Workers' reprsentatives werealso to be from non-Eropean States.10 . The Instrument of Amendaient of 1922 did not, however, corne into force until1934.

    m .

    m M1934

    11.1/ In 1934, the composition of the Governing Body was as follows: Argentina..Belgiumj, Brazil, British Empire , Canada1, China, Czechoslovakia, Finland, France 1,Germany , India1, Italy1, Japan1, Mexico, Poland, Spain.H

    M H

    Pos t-war pri od12. After the war, a complte revision of the ILO Constitution vas undertaken.The Confrence dlgation which had the task of preparing this revision had recom-mended the suppression of the provisions which only reserved for non-Europeanreprsentatives ten of the total number of seats on the Governing Body. This wasbecause thse provisions had become obsolte because of the geographical distribution alreadyin fact existing in the Governing Body. The Governing Body already

    comprised a significantly higher number of non-European members (there were at thisperiod approximately twice as many non-European as European members).13. The 1953 Instrument of Amendaient of the Constitution finally suppreBsed theprovisions in question.

    States of chief industrial importance.

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    APPENDIXLlet of the 29 Founder Membere of the ILO

    BelgiumBoliviaBrazilBritish EmpireCanadaAustralieSouth AfricaNew ZealandIndiaChina

    CubaCzechoslovakiaFranceGreeceGuatemalaHaitiHondurasItalyJapanLibria

    NicaraguaPanamaPeruPolandPortugalRemaniaSerbo-Croatian-Slovene StateSiamUruguay

    ArgentinaChileColombiaDenmarkNetherlands

    List of 13 other States to whom the dsignation"Founder Member" was alao grantedNorwayParaguayPereiaSalvador

    S painSwedenSwitzerlandVenezuela

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    APPENDIX III

    IntroductionThe Government members of the Group of 77, members of the Working Party onStructure of the ILO, on the basis of the Asian Government group paper, submitthe following proposai as basis for discussion in connection with article 7 ofthe Constitution.1. Members of the Governing Body shall be elected by the Confrence.2. The continuity of

    the work of the Governing Body, andthe reprsentation of a number of governments of the mostindustrialised countries in the Governing Body, according tothe lists prepared by the ILO for this purpose

    shall be ensured by rgional agreements.