The Discussion and Adoption by the Conference

The procedure followed for the consideration of a draft Convention or Recommendation by the Conference is usually that described as 'double discussion', that the question is discussed at two successive annual sessions of the Conference. Under the existing rules the International Labour Office first prepares a preliminary report setting out the law and practice in the different countries on the question concerned, together with a questionnaire which is intended to obtain the views of governments as to the international standards which they regard as practicable or desirable. On the basis of the replies received from governments and the most representative employers' and workers' organizations at national level, the ILO draws a further report indicating which are the principal questions which appear to require consideration by the Conference. This report serves as a basis for the first discussion of the question by the Conference.

On the basis of this first discussion, the International Labour Office then prepares a proposed draft of a Convention or Recommendation which it forwards to governments for their observations. In the light of such observations a final report incorporating any necessary amendments to the texts is drawn up and sent to governments three months before the session of the Conference at which the second discussion is to be held. The question is then again considered in the first place by a technical committee and the texts adopted by the committee are submitted to the full Conference, which considers them article by article before deciding whether to adopt them as a whole. If approved, the texts are referred to the drafting committee of the Conference, which prepares a final text to be submitted to the Conference for final adoption.

In cases of special urgency or where other special circumstances exist, the Governing Body may, by a majority of three-fifths, decide to refer a question to the Conference for a single discussion. This procedure is simpler than the double discussion procedure, but it still entails the preparation of reports, questionnaires and draft texts by the International Labour Office and consultation of governments before the Conference discussion. It is used but rarely, and usually in the case of items that have already been considered by a preparatory technical Conference.

Whatever procedure is followed, a majority of two-thirds of the votes of the delegates attending the Conference (governments, employers and workers) is required for the adoption of a Convention or Recommendation. When a Convention or Recommendation has been adopted by the Conference two copies are signed by the President of the Conference and by the Director-General of the ILO. Because of the institutional and tripartite structure of the ILO, this formality replaces the practice of signature by the States, which is usual in the case of traditional diplomatic treaties.

The authentic texts of Conventions and Recommendations are the English and French versions. An official text is established at the same time in Spanish, a working language of the ILO. An Arabic, Chinese and Russian translation is also prepared by the ILO, and German texts are established jointly by the German-speaking States Members of the Organization, in cooperation with the ILO, at translation Conferences held after each session of the Conference In a number of other countries too, ILO Conventions have been translated into the national language.

A procedure similar to that for the adoption of Conventions and Recommendations is followed in the case of revision of these instruments. The Governing Body decides whether it is desirable to place the question of the revision of a Convention or Recommendation in whole or in part on the agenda of the Conference. It does so on the basis of information supplied by the International Labour Office and following consultation with the Governments. The Governing Body has to define exactly the question or questions which it places on the agenda of the Conference in view of the partial or total revision of the instrument under consideration. The Office then submits to the Conference draft amendments drawn up in accordance with the conclusions of the Governing Body The examination of the draft revision by the Conference follows a procedure analogous to that of the second discussion in the case of a double discussion procedure. In 1965, die Governing Body also adopted a simplified procedure for the technical revision of certain strictly limited provisions of a Convention, but this procedure has not yet been used. Instead, a Protocol to a Convention fulfills similar purposes. This instrument was introduced in 1982.

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