Ratification and Implementation of International Labour Conventions in Africa (African Regional Conference , 4th)

INTRODUCTION In a resolution concerning the work of the International Labour Organisation in Africa, the First African Regional Conference (Lagos, l960) called for the periodic re—examination by African member States of all international labour Conventions with a view to ensuring progressively the application and ratification of as many Conventions as possible. It also requested the Governing Body to examine the most appropriate means by which ILO regional conferences might highlight the special needs and problems of the regions concerned in regard to ILO standards. In his Reports to the Second and Third African Regional Conferences (Addis Ababa, 1964, and Accra, 1969), the Director-General provided a general summary of developments in regard to ILO standards in the region. When the African Advisory Committee, at its Fifth Session (Addis Ababa, September-October 1972), undertook a review and evaluation of the ILO's activities in Africa, it had before it a more detailed report conceming the impact of international labour standards in Africa. Following its discussion of this question, the Advisory Committee recommended that, as not all countries of the region were represented on the Committee, the problems which it had reviewed should likewise be brought before the African Regional Conference I and that, in this connection, arrangements should be made for the prior consultation of governments and of employers‘ and workers’ organisations on the documentation available. In accordance with the recommendation of the African Advisory Committee, the report which had been submitted to it was sent to the governments of all African member States and to the representative organisations of employers I Similar reviews of the situation with regard to selected Conventions have already been made by the Asian Advisory Committee and the Asian Regional Conference and are currently being undertaken through the ILO's regional meetings in the Americas. 1

Ratihcation and implementation ot Conventions in Africa and workers, for comment. Account has been taken in the present Report of all information received from these sources. Any comments submitted by empl0yers` or workers` organisations have been communicated to the governments of countries mentioned in them. Chapter l of this Report reviews the general position of African countries in regard to international labour Conventions. Chapters 2 to 5 examine in greater detail the extent of ratification and the problems encountered in the implementation of Conventions relating to employment policy, forced labour, basic aims and standards of social policy, and labour inspection} Chapter 6 recalls the conclusions of the African Advisory Committee on these questions. I l The following abbreviations are usedrto indicate the sources relied upon: "Submission" (ollowed by ymr)—u1formation concerning the submission of Conventions and Recommendations to the competent aothorities, supplied by governments in accordance with article 19 of the Consutution; “arttcle 19 report" (followed by year)—repor!s On unrautied Conventions and on Recommendations presented by governments in accordance with arhcle l9_of the LLO Constitutnon; "aruele 22 report" (followed by period covered)reports on rat11ied·Conventions presented by govemments in accordance with article 22 of the ILO Constitution; RCE" (followed by year)-Report of the Committee of Expert! on the Appltcatlan of Convention: and Recommendation:. 2

THE GENERAL POSITION OF AFRICAN COUNTRIES IN REGARD TO INTERNATIONAL LABOUR CONVENTIONS African States represent just under 30 per cent of the ILO’s l23 Members. On l July 1973 the number of ratiiications registered in respect of African States was 969, or roughly 25 per cent of the total of 3,955 ratifications for all States. The average number of Conventions ratified by African States was 25, as against 48 for European States, 35 for States in the American region and 17 for Asian States. The detailed ratification position among African States is given in table l. Table 1. Ratitications of Conventions by African States Country llilnuuxgigueécolg Country N\Q¤b¤{°*:L Algeria .......... 48 Kenya .......... 32 Burundi .......... 23 Lesotho I ........ 11 Cameroon: Liberia ......... 14 Entire territory ...... 30 Libyan Arab Republic _ _ 19 East Cameroon ...... 3 Magadasur _ I .____ 30 West Cameroon ..... 4 Ma] _ 19 Central African Republic . . 35 MEFWI ''`'```'` 21 ciiaa ........... 19 '_· ·_ ·······‘ 7 Congo ........... 14 Mau·'II€'m° ‘‘‘‘'‘'` g I Dahomey ......... l7 Maurmus ‘‘‘‘'`' ` 30 Egypt _ I . _ '______ 34 Morouzo ......... Ethiopia. ......... s PGS? ---—·--··· ig Gabon .......... 29 Nigeria ......... Ghana .......... 39 Rwanda ......... 16 Guinea .......... 39 Senegal ......... 33 Ivory Coast ........ 28 Sierra Leone ....·- - 32 (table mncluéd urerkq/'} 3

Ratincation and implementation of Conventions in Africa Count¤' Number of Country Number of rutincaiioru rautieations Somalia: Togo . I2 'i§'?}¥$.L€'{§£`EliiLey‘ ‘ ‘ ‘ 2 T‘“”“‘° ‘‘‘‘‘‘‘‘‘ 52 tébniiiish Somaliland I I . 4 Egapggi/All; ‘ ‘ i i i 1 I gg Republic of South Africa’ 12 Zaire ` · · I _ i _ i 27 $*;;::5,3; ‘ ‘ ‘ I2 Zambia ......... 24 Entire territory ...... 18 Tanganyika ....... 6 Zanzibar ....... . 4 ·wiihaie»t· riem membership of ihe uo iii mi. · Withdiew from membership ofthe uo iii ms. The First African Regional Conference also drew the attention of all African countries and territories which in future might become Members ofthe ILO to the importance of continuing to apply the Conventions already declared to be applicable, as a starting point for their future policies of social and economic development. This practice has been generally followed. Taking African States as a whole, roughly half the ratilications (476 out of 969) represent the confirmation, at the time of the country’s admission to ILO membership, of obligations formerly accepted on its behalf. In the case of States which became Members of the ILO from 1960 onwards such confirmations represent nearly two-thirds of the ratilications (447 out of 710). Several countries which have become independent during this period have not joined the ILO (Botswana, Equatorial Guinea, Gambia and Swaziland). The Government of Botswana has, however, given an assurance that it will seek to apply the international labour standards established by the Organisation, and has submitted reports on various Conventions which had previously been declared applicable. Resolutions of the Erst two African Regional Conferences gave particular emphasis to the ratification and implementation by African countries of Conventions for the protection of fundamental human rights. It is therefore appropriate to examine the situation regarding the instruments dealing with discrimination in employment, freedom of association, and forced labour. Table 2 shows the ratification position among African States with respect to the Conventions in these Eelds, as well as Lhe total number of ratilications, as at I July 1973. It will be seen that the most widely accepted basic human rights Conventions in Africa, as indeed among the ILO’s membership generally, are those relating to forced labour. Convention No. 98 has also been very largely 4

General position of African countries Table 2, gtgllggations of Conventions Nos.111.100.B7,98. 29 and 105 by African ratrficntinns by urination; African Suter 1958 (No. 111) .................. 24 gg Equal Remuneration Convention, 1951 (No. 100) ..,_ 22 78 Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) ........_ 24 go Right to Organise and Collective Bargaining Convention, 1949 (No. 9B) ................... 29 93 Forced Labour Convention, 1930 (No. 29) ....... 34 106 Abolition of Forced Labour Convention, 1957 (No. 105) . 28 90 ratified by African States. However, one-third or more ofAfrican member States have not yet ratified the remaining three Conventions (Nos. 87, 100 and 111). In 1971 the Conference added an important additional instrument to the Conventions aimed at guaranteeing the exercise of trade union rights: the Workers‘ Representatives Convention, 1971 (No. 135). Although adopted only recently, the Convention has already been ratified by ten States, including three African countries. It is to be hoped that this instrument will find a growing positive response. The position with respect to selected Conventions dealing with employment policy, forced labour, basic aims and standards of social policy and labour inspection is examined in greater detail in subsequent sections. The general ratification position in Africa in various other fields is summarised below. Conventions regarding the minimum age for employment in industry are in force in 27 African States, 18 of which are bound by the standards establishing a minimum age of 14 years (Convention No. 5) and 9 by those fixing a minimum age of 15 years (Convention No. 59). Convention No. 33, establishing a minimtun age of 14 years for non-industrial employment, has been ratified by 15 African States, whereas the corresponding 15-year standard (Convention No. 60) has not been ratified by any of them. The Minimum Age (Agriculture) Convention, 1921 (No. 10), has been ratified by 6 African States. As regards hours of work, the Convention providing for an B-hour day and 48-hour week in industry (Convention No. 1) has been ratified by 4 African States, and the corresponding Convention for commerce and industry (No. 30) by 2 such States. Convention No. 14, relating to weekly rest in industry, has been ratified by 27 African States,and the corresponding Convention for commerce and oflices (No. 106) has been ratified by 4 such States. 5

Ratification and implementation of Conventions in Africa The Convention relating to minimum wage fixing machinery for industrial or commercial occupations (No. 26) has been ratified by 33 African States, and the corresponding Convention for agriculture (No. 99) by 14 such States. These Conventions relate to the provision of machinery, but do not require the actual establishment of minimum rates. The more far—reaching instrument on this subject, designed to take special account of the problems of developing countries (No. 131), was adopted only in 1970; 2 of the 10 ratifications so far received came from African States. The Protection of Wages Convention, 1949 (No. 95), has been ratified by 26 African States. In the field of social security, the total of 22 ratifications registered in respect ofthe Social Security (Minimum Standards) Convention, 1952 (No. 102), includes 3 from African States. Of the instruments relating to individual branches of social security, only the Conventions relating to employment injury compensation have so far found a significant echol: Convention No. 17, relating to accident compensation, has been ratified by 19 African States, and one or other of the earlier Conventions relating to occupational diseases (Nos. 18 and 42) by a similar number. The more recent Convention on employment injury benefits (No. 121) has been ratified by 3 African States. In the field of occupational safety, the Convention concerning the protection of dockers against accidents (No. 32) has been ratified by 6 African States, the Convention on safety provisions in the building industry (No. 62) by 8 such States, the Guarding of Machinery Convention (No. 119) by 10 such States, and the Maximum Weight Convention (No. 127) by 3 such States. The formal acceptance of Conventions through ratification is, of course, only one index of the degree of progress being achieved in the application of social policies and protective measures. To ascertain the true impact of these standards and the didiculties which may stand in the way of their realisation, it is necessary to examine the individual cases more fully, taking account both of the conclusions of studies made at the national level and of the Endings of the ILO's supervisory bodies. A more detailed examination of this kind is undertaken subsequently only in respect of a limited number of instruments. Several other features of a more general character deserve, however, to be mentioned. Prior to 1960 there were 10 African member States of the ILO. Today there are 36. It has already been noted that many of the ratifications registered *It is, however, · · · ggppgopae .mJ§,°$,231Z§t"I§Z"é%§$‘J.lt?§§t“l£?鑧“t?§$.°£‘1l§2§"i$;Z?lf-’.“§§5lZl§.Y"i'§ sodglo zwjmthatrggindf to set standards higher than those established by the countries wl1ich ratify Convention"N2 fi:)•2ni:i·ft.islf°a|$9t5?¤(NO· '1p2)· pn the other hand, mm bramhs of mem security. p 1 provisions tn respect of at least 6

General position of African countries in respect ofthe countries which have joined the ILO in the intervening period represent confirmations of obligations previously accepted on behalf of these countries. However, there has also been a steady stream of new ratihcations from African States, resulting from consideration of newly adopted instruments as well as from acceptance of earlier standards following developments in national legislation and practice. The procedures relating to slandards—includ. ing the submission of new instruments to the competent authority, the presentation of reports to the ILO and the provision of additional information or the adoption of measures in response to comments by the ILO‘s supervisory bodies—have tnade necessary a series of administrative arrangements within the competent government departments. The ILO has sought to provide assistance in this connection. In addition to more general training programmes and technical co-operation projects in the field of labour administration, it has organised a series of regional seminars to familiarise government ofhcials with questions and procedures relating to ILO Conventions and Recommendations. To date, 4 such seminars have been held in Africa, 2 for Englishspeaking countries and 2 for French-speaking countries. One reflection of the eH`orts made by African governments to secure the implementation of ILO standards is to be found in the fact that, of the 750 cases noted by the Committee of Experts on the Application of Conventions and Recommendations in the 10-year period 1964-73 in which measures had been adopted at the national level following comments by the Committee, 27 per cent came from the African continent. The adoption, ratification and implementation of Conventions is a dynamic process, and the fact that numerous cases of progress have been noted over the years does not signify that problems do not remain to be solved. Of the 1,093 comments addressed to governments in 1972 by the Committee of Experts in respect of the application of ratilied Conventions in their metropolitan territory, 330-or 30 per cent—concerned African States; in 1973, 297-or 29 per cent—of the total of 1,027 comments related to African States. Some of these comments were direct requests seeking clarification of the existing position or drawing attention to the need for certain supplementary measures of a limited nature. In other cases, particularly where the Committee has found it necessary to express its comments in the form of observations set out in its report, more important discrepancies between national legislation and practice and the relevant intemational standards call for corrective action. The supervisory procedures are based on dialogue, aimed both at ascertaining the precise extent of implementation of standards and at suggesting appropriate means of remedying shortcomings. The tripartite Conference Committee provides one forum for such dialogue. Another, morelfar-reachmg. procedure which has been introduced in recent years consists of direct contacts 1

Ratification and implementation of Conventions in Atriea between the ILO and a government with a view to resolving dithculties in the application of Conventions noted by the ILO supervisory bodies. This procedure has so far been invoked by two African member States. In 1969 a representative of the Director—General visited Mauritania to discuss with the govemment services concerned the legislative changes required to give effect to various ratified Conventions and collaborated in the preparation of draft legislation for this purpose. In 1973 the Committee of Experts was able to note with satisfaction the adoption of the necessary legislation in a number of these cases. In 1972 direct contacts took place with Liberia in regard to the application of the Forced Labour Convention, 1930, to clarify a number of issues and to review the measures needed to ensure full observance of the Convention. The procedure of direct contacts is aimed at clarifying the precise nature of diEl‘icu.lties affecting the implementation of Conventions, giving an opportunity to the government concerned to provide full information on the existing situation and facilitating the adoption of measures designed to ensure compliance with the relevant instruments. There would appear to be a number of cases concerning the implementation of Conventions in African countries where recourse to this procedure might assist in finding solutions to problems noted by the ILO’s supervisory bodies. Apart from this possibility, related to specinc problems in giving effect to ILO standards and conceived within the framework of supervision prooedures, technical co-operation is available for the purpose of assisting in the drawing up of labour legislation, the establishment or development of social security schemes, t.he organisation of labour administration, etc. Such assista.noe—which, while taking full account of ILO standards (and particularly ratified Conventions), evidently goes beyond this framework—has already been provided to a considerable number of African countries. 8

EMPLOYMENT POLICY CONVENTION, 1964 (N0. 122) 2 SUMMARY OF PROVISIONS Each State which ratilies the Employment Policy Convention, 1964, undertakes to declare and pursue, as a major goal, an active policy designed to promote full, productive and freely chosen employment. This policy must aim at ensuring that there is work for all who are available for and seeking work, that such work is as productive as possible, that there is freedom of choice of employment, and that each worker has the fullest possible opportunity to qualify for, and to use his skills and endowments in, a job for which he is well suited, irrespective of race, colour, sex, religion, political opinion, national extraction or social origin. The employment policy must take due account of the stage and level of economic development and be pursued by methods appropriate to national conditions. The measures to be adopted for attaining the objectives laid down by the Convention must be decided and kept under review within the framework of a co-ordinated economic and social policy and such steps as may be needed for Lbe application of these measures, including when appropriate the establishment of programmes, must be taken. Representatives of workers and employers must, in particular, be consulted concerning employment policies, with a view to taking fully into account their experience and views and securing their co—operation in formulating and enlisting support for such policies. EXTENT AND POSSIBILITIES OF RATIFICATION Convention No. 1221 has been ratihed by ten countries of the African region: Algeria, Cameroon, Guinea, Libyan Arab Republic, Madagascar, Mauritania, Senegal, Sudan, Tunisia, and Uganda. 1 As at 1 July 1973, Convention No. 122 had been ratified by 49 member Stats. 9

Ratihcation and implementation of Conventions in Africa It appears from the reports supplied by governments in 1968 and 1971 under article 19 of the ILO Constitution on the application of the Convention that five other countries in the region were considering its ratification. The Government of Dahomey stated that the application of the Convention would meet with no difliculties and that the Government envisaged its ratification} In Ethiopia, after completion of a study on manpower utilisation and the tinal preparation of draft legislation which would implement the provisions of the Convention, the Goverrunent was prepared to bring it to the attention of the competent authorities.? The Government of Morocco has undertaken the implementation of an active employment policy, designed to promote full employment, which it stated to be in conformity with the spirit and terms of the Convention; the procedure for ratification was under consideration.! In Niger the question of ratification was being studiedz, and it was to be considered in Sierra Leone as and when the legislative programme pennitted.2 The Government of Tanzania has indicated that the provisions of the Convention are a useful guideline to employment development policies and that the possibility of ratification will be kept in mind.2 Several other countries have provided an indication of the extent to which their employment policy is in conformity with the Convention. Thus, the Government of Congo has stated that there are no diliiculties in the way of ratification, although it has not thought it appropriate to ratify.2 The Government of Gabon subscribes fully to the objectives of the Convention which coincide with its own policy aimed at promoting full employment in relation with economic development? The Government of Kenya has been pursuing an active employment policy which strives to achieve fu.ll employment. To that end, it invited the ILO to send a World Employment Programme mission to help identify the areas of economic activity which may be harnessed to increase employment opportunities! In Liberia measures to give further eEect to the Convention are under consideration by the competent authorities.5 The Government of Mali has stated that it is concerned to define an _ _1 Article 19 report, l9§8. It may be noted that employment missions have recently $52,;; ;>fPlll‘1°¤;c agsxtrts (Ethiopia and Morocco) within the framework of the World : Article 19 report, 1968. Mm"?#§. *5. '§'£§§ €Ef°eE’§?°¤,n‘L‘t‘l'°‘3l;%“i.llZL° §{;‘2°l§°“,l.,l?J S?"‘,'l‘&’.?L“,£l“$Etl?I : L;Y|:1f:;s1<;c:11g;gsrg;;TdlLo1rc;sm:G:B previously considered a possible obstacle to : ;;D0:, Themissionrtook place the spring of 1972. ubqh in the aunfmvof tntcrdtsctplmary mission on employment policy went to 10

Convantlon No. 122 employment policy taking account of certain suggestions in the Convention but that it is not yet in a position to contemplate the ratification of the Con; vention in view of the insulliciently developed national structures} An active employment policy has been declared in Nigeria and the federal Government has continued to adopt measures to give further effect to the Convention but ratihcation has been deferred because the population is growing fastei than employment can be expanded, given the available resources? (problems of this kind are discussed below). The Government of Rwanda has stated that the Convention reflects one of its principal objectives and that within the limits of its possibilities it is seeking to implement an active employment policy.:] ln Upper Volta the insufficiency of the administrative structure does not yet permit the Government to meet the requirements of the Convention fully; to the extent that its means permit, however, the Government has taken account ofthe provisions of the Convention? In Zaire an active employment policy is being put in hand, and new legislative texts have been adopted giving effect to the provisions of the Convention.? The Governments of Ghana 2, Ivory Coast 3, Togoa and Zambiaz have indicated that ratification is not envisaged. PROBLEMS OF IMPLEMENTATION The Employment Policy Convention is not an instrument whose objectives can be immediately and fully realised by the adoption and application of appropriate legislation. It requires States to "declare and pursue" an active employment policy, and, as has been pointed out by the Committee of Experts, "continuous action and continuing progress are an inherent part of employment policy".** Both the achievement and the maintenance of full, productive and freely chosen employment require a continuing programme, constantly adapted to changing needs and fresh developments. The Committee of Experts in its general survey of 1972 on the reports concerning the Convention as well as on the Employment Policy Recommendation, 1964 (No. 122), gave indications as to the many spheres of economic and social policy in which measures forming an essential part of an active employment policy may rbc necessary. These include the establishment of appropriate administrative I Communication of February 1973. " Article 19 report, 1971. ° Article 19 report, l968. 1 RCE, 1972, Vol. B, General Survey on the Reports relating to the Employment Policy Convention and Recommendation, 1964, para. 372. 11

Ratincation and implementation of Conventions in Africa procedures. statistical and other research and analysis, fiscal and monetary policies, savings, investment and incomes policies, trade policy, education and training, the building up ofthe national infrastructure, industrial and rural development (including agriculture and other forms of activity in the rural areas) and tourism. For many countries, at very differing levels of development and often with limited resources, it is not possible to take effective measures in all these spheres at once. Indeed, Article l, paragraph 3, of the Convention provides that employment policy "shall take due account of the stage and level of economic development". However, it is precisely the magnitude and the variety of the problems which have to be faced in many developing countries which make it necessary that measures for the promotion of employment opportunities should be decided upon and kept under review "within the framework of a co—ordinated economic and social policy", as provided in Article 2 of the Convention.! The Committee of Experts therefore seeks, in examining the reports on the Convention submitted by ratifying countries and in formulating comments on them, "to explore, discuss and deal with the diH5cu.lties experienced by developed and developing countries alike in pursuing an employment policy along the lines of the Convention and maintaining or endeavouring to achieve a situation of full employment".’ The Committee of Experts’ comments to governments have so far consisted essentially of requests for detailed information as to the measures being taken. Tl·e indications below are therefore based mainly on the general survey referred to above, in which the Committee of Experts has provided a preliminary assessment of the experience gained in applying the Convention since its adoption eight years ago. While many of the difhculties examined by the Committee of Experts arise out of the problems inherent in the pursuit of an active employment policy and thus are not so much obstacles to the ratification of the Convention as problems in whose solution the adoption and implementation of a policy complying with the Convention will play a decisive role, certain dimculties have been referred to which show either an insufficient understanding of its terms or the existence of discrepancies between the national situation and the requirements of the Convention. The major dihiculties will be discussed here, SlDCC·LlJCll' clarification may help to remove certain obstacles to ratification mentioned by some countries. Finally, a brief reference will be made to certain key problem encountered by African countries in seeking to implement an active employment policy. I RCE, 1972, Vol. B, paras. 66 and 36l. ' Ibid., para. 371. 12

Convention No. 122 Problems relating to the terms ot the Convention The nature ot an active employment policy A hrst difliculty referred to by several countries! is the impossibility, given their present level of economic development and shortage of capital, of achieving full employment in the immediate future. The Committee of Experts has pointed out that the Convention does not require States to achieve full employment within a given time limit, but rather to pursue a policy designed to promote it 2, and has stated that, "while the difliculties inherent in underdevelopment may thus delay the attainment of the ultimate goal of the Convention, they accentuate the need to pursue a policy designed to achieve that goal in the long run".3 While full employment may thus have to be a long-term goal for many developing countries, the expansion of employment should be a major objective of government policy. One Government4 has indicated that it does not seem possible to ratify the Convention because the accent of the Government's development policy is placed on the stimulation of economic growth. Several others have recognised that economic growth does not automatically lead to higher employment, and must therefore be accompanied by employmentoriented policies} Paragraph 21 of the Employment Policy Recommendation, 1964 (No. 122), provides that "in developing countries employment policy should be an essential element of a policy for promoting growth and fair sharing of national ineomes". While a policy aimed at economic growth is thus essential, it should, for the purposes of the Convention, at the same time be consciously employment-oriented and complemented by specific employment-creating measures} The reports of some countries" suggest that their policies in the lield of employment are limited to manpower planning directed to providing the trained manpower needed to fulfil the national development plans, rather than to the creation of new employment opportunities for the unemployed and underemployed. The Committee of Experts has stressed, however, that the underlying purpose of the Convention requires that the goals of employ1 Rwanda (article 19 report, 1968), Ghana, Kenya, Nigeria, Zambia (article 19 reports, 17. 9 L) RCE, 1969, Part Three, para. 159; RCE, 1972, Vol. B, paras. 360-361. 1* Ibid., para. 361. ‘ Ivory Coast (article 19 report, 1968). ‘ RCE, 1972, Vol. B, para. 149. 3 gid; l):i;.f.' 229Re ublic (article 19 report 1971), Ethiopia (article 19 report, 1968). Madagasr
Ratification and implementation of Conventions in Africa ment policy should be reflected in general economic policy, with an explicit linking of economic growth to the expansion of employment} Missions organised by the ILO within the framework of the World Employment Programme have visited three of the countries in which this requirement of the Convention does not yet seem to have been implemented in national practice with a view to assisting them in deciding on their long—term action in the field of employment.? Some countriesa have referred to the impossibility of providing paid jobs to more than a small proportion of those seeking them. In this connection the Committee of Experts has given the following clarification of the requirements of the Convention: "Clearly, employment within the sense of the Convention does not merely cover wage—paid jobs, but all forms of activity which provide a means of eaming a livelihood. Especially in the developing countries, this means working on family farms as well as activity on a selfemployed basis within the sectors of srnall—scale industry, handicrafts and services. The objective here must be to raise the level of productivity and output to a point where the activity involved provides an adequate living to all who depend on it for their livelihood."4 One govemments has mentioned as a possible obstacle to ratification its policy of giving priority in employment to nationals over foreign workers, even those born in the country. The Committee of Experts has pointed out that the Convention does not require equality of treatment between nationals and foreigners, and that the requirement of equal opportunity in employment irrespective, inter alia, of "national extraction" laid down in Article 1, paragraph 2 (c), "is intended to refer to such distinctions as may be made in a State as between nationals of that State on the ground of the foreign ancestry of some of these nationals, and not distinctions made with respect to foreign nationals".° Employment policy machinery Article 2 of the Convention requires States, by such methods and to such extent as may be appropriate under national conditions, to decide on measures of employment policy and keep them under review, within the framework of a co-ordinated economic and social policy. l RCE, 1972, Vol. B, paras. 150, ISI. ’ Ethiopia, Madagascar, Sudan. ’ Malawi, Zambia (article 19 reports, 1971). ‘ RCE, 1972, Vol. B, para. 364. : Zambia (communication of February 1973). RCE, 1969, Part Three, para. 162. 14

Convention No. 122 Several Governmentsl Ihave referred to the practical difficulties facing them tn formulating and implementing their employment policies, arising out ol their inadequate administrative infrastructure and the insufficiency of suttably qualthed stall`. One government 2 has mentioned inadequate coordination of manpower planning arising from the Planning Commission‘s failure to associate the Labour Department fully in the elaboration of economic policy. The Committee of Experts has expressed the view that "the absence of government machinery capable of identifying the problems involved in seeking to overcome unemployment and underemployment and of working out methods of overcoming them constitutes a primary obstacle in the adoption of an active employment policy, and an essential first objective must be the strengthening of the administrative machinery responsible for questions affecting unemployment".° The Committee of Experts has pointed out that the best and most obvious way of ensuring that employment policy is co-ordinated with over-all economic and social policy is through the economic development planning machinery. This machinery should include special procedures for deciding on the employment aspects of the national plans and ensuring that there is over-all coordination with the other aspects at all stages—planning, implementation and review. In particular, the ministry responsible for labour matters should participate fully in the general policy-making process and be sulftciently strongly organised and stafl`ed for it to be able to play a useful role in the economic planning process.4 The Committee of Experts has pointed out that government departments and agencies whose policies may rehect upon employment, and whose activities therefore call for co-ordination, include those responsible for planning, economic affairs, labour, education and training, industry, trade, agriculture and public works.5 A particular aspect of the administrative problems referred to is the lack of adequate statistics to form a basis for employment planning. Di.H·iculties of this kind have been referred to by several countries! In the absence of information on the over-all employment situation and its likely evolution, covering in particular "the size and distribution of the labour force and the I Madagascar, Upper Volta, Zaire (article 19 reports, 1971), Mali (oommunimtion of February 1973). ” Gabon (conununication of March 1973). ’ RCE, 1972, Vol. B, para. 362. ‘ Ibid., paras. 69-70 and B2. ° RCE, 1972, General Observation concerning Convention No. 122; direct requat to Tunisia. _ . ° Madagascar (article 19 report, 1971), Senegal (Third Four—Year lilonnonuc and Social mvetapmmt vim, 1969-1973, p. 317). Uganda t"W¤rk f¤r l’¢<>¤=—° · U¥°”El" S sE°°““ Five-Year Plan, 1966-1971, p. 145). These plans are referred to hereafter as Plan . 15

Ratification and implementation ol Conventions in Africa nature and extent ofunemploymcnt and underemployment and trends thcrein"i_ it will not be possible to assess whether the measures being taken are adequate, and the situation may in fact be worsening. The Committee ol`Experts therefore considers that "there is a need for developing countries to devote more of their resources to adequate studies of unemployment and underemp1oymcnt"2, and has drawn attention to the indications provided by the Employment Policy Recommendation as to the fields in which statistical research and analysis may be necessary.? Under the Convention the employment policy machinery should include arrangements for consulting representatives of the persons alfected by the measures to be taken, and in particular representatives of employers and workers, "with a view to taking fully into account their experience and views and securing their full co-operation in formulating and enlisting support for such policies" (Article 3). One country* has stated that it has not yet been possible to set up a statutory tripartite consultative body, although such a body has in fact met at the administrative level. The Committee of Experts has pointed out that "the Convention does not lay down any requirements as to the form of consultations, and the relevant procedures need not be formally embodied in legislation. Consultations can. . . take place through periodical tripartite conferences or meetings convened to examine employment problems and policies, which may be organised at the administrative level".‘ I In countries with large unorganised population groups, consultations should not be limited to representatives of organised labour, but should extend to representatives of other persons aH`ected, such as the rural population and independent cra.ftsmen.° The Committee of Experts has also drawn attention to the provisions of Paragraph 22 of the Employment Policy Recommendation, 1964, relating to the active participation of employers and workers, and their organisations, in the elaboration and application of national economic development policy and of the various aspects of social policy. It has noted that in some countries existing procedures ensure that representatives of employers and workers are consulted in preparing development plans.7 In other cases it has asked for infomation on any measures taken to this end.' I Employment Policy Recommendation, 1964 ('No. 122), Annex, para 1. ’ RCE, 1972, Vol. B, para. 283. ’ Direct requests to Algeria, Guinea, Senegal and Tunisia. ‘ Siena Leone (article 19 report, 1968). “ RCE, 1972, Vol. B, para. 368. ; Direct requests to Madagascar, Sudan, Tunisia. l 1972, Vol. B, para. 97 (information from Mali, Senegal, Tunisia, Uganda). ect requests to Madagascar, Sudan. 16

Convention No. 1H h One Government has stated that it does not wish at this stage to bind itself to consultations with cmployers’ and workcrs’ organisations about thc formulattonlof employment policy as distinct from its implementation} ln this connection, 1t is appropriate to recall the purposes ofthe consultation requirement as stated by the Convention itself, namely to ensure that full account is taken of the experience and views of employers and workers and to secure their full co-operation in formulating and enlisting support for employment policies. Problems arising in implementing an active employment policy Shortage of resources Several countries have referred to the shortage of resources as an obstacle to the implementation of the Convention. The Committee of Experts has indicated that lack of resources does not prevent a country from adopting an employment policy complying with the Convention but rather poses a problem which has to be solved within the framework of a governrnent`s employment policy by an appropriate choice of the use to which the limited resources will be put. A variety of solutions has been adopted by African countries. Several of them 2 place the primary emphasis of their development strategy upon the rural sector, which is for them the principal source of domestic income, foreign exchange and employment. Anothers has decided to concentrate its resources on modern industrial development which, while it will provide little employment in the short term, will in the Govemrnent’s view make a more lasting contribution to the solution of employment problems than would immediate concentration on labour-intensive industries, in that it will create growing quantities of capital which can be reinvested in sectors which will have a powerful impact on the level of employment. The Committee of Experts has stated in this connection that "the decisions as to the forms of investment should be made after full consideration of the implications for employment of the various options and the employment factor should be given due weight in arriving at a decision" 4, and that "any decision in this regard needs to be made on the basis of a careful study of the current situation and future trends . . .".‘ * Zambia (communication of February l973)— ‘ Central African Republiq Kenya, Senegal: See RCE, 1972, Vol. B, para. 273. ° Algeria: See RCE, 1972, Vol. B, para. 252. * RCE, 1972, Vol. B, para. 153. ' Ibid., para. 254. 17

Ratification and implementation ol Conventions in Africa Population growth Some countries have referred to the problems posed by the rapid growth of their population, at a faster rate than employment opportunities, thus aggravating problems of unemployment and underemployment.1 The Committee of Experts has noted in this regard that several countries faced with this problem have adopted family planning programmes designed to bring demographic growth down to a rate at which the supply of manpower will no longer exceed the demand, and has expressed the view that greater efforts may be necessary to deal with this problem, which may well be the most formidable obstacle to a successful employment policy.2 Education, training and youth problems Reterence has been made by some countriesil to related problems in these helds. These arise from the existence of a growing number of unemployed young persons, especially in the urban areas, and from the fact that the educational and training systems are not adapted to the country’s needs and the available employment opportunities. The governments of a number of countries with a largely agricultural economy have referred to the need for a generalised system of primary education designed to provide the broad mass of young people with an introduction to their future way oflife, which will in most cases be a rural life. At the same time, employment opportunities may be restricted by illiteracy, and various countries have therefore laimched programmes aimed at providing functional literacy and basic skills to adults. It has also been considered essential to make provision for the training of increasing numbers of skilled workers as a means of stimulating economic growth and expanding employment opportunities at lower levels of skill.‘ Reference has also been made by some countries to special youth schemes designed to serve the dual purpose of providing training and employment for tmemployed young persons and using their capacities in work of importance to national development.5 Guidelines for the general principles and conditions which should be respected in such schemes have recently been formulated by the Conference in the Special Youth Schemes Recommendation, 1970 (No. 136). The Committee of Experts has expressed the view that "such schemes * Nigeria (article 19 report, 1971), Sudan (article 22 report, 1972). ’ RCE, 1972, Vol. B, paras. 311-312. B'··. .94). ’?'s‘2§2':d“§F.3?.?§.i‘ES;‘:2lZ,‘ifma:.“l€»i2§} l%$¥.€?3%°“$."§i'§s ‘2,iZ.;§Zi‘Za.‘?.£%.i°§; report, 1972), Uganda (Plan, pp. 131, 147)- i i 2 Vol.RB, pzzas. 123, 124 and 126, ican e u .,. 5,-,, Nigeria mm, .,.*2...; ‘§2:;‘sl"&.§i’§?·2§%$?’6é.£§§°l%l2`¤€“L.‘l2‘9s. ""*""’ 1I

Conventlon No. 122 may make la .USlZ}1.Ui short-term Contribution in assisting the integration of young peop e in t c economy pending the ex ansion of . and training systems to a stage whcre they Fare ablc tdl:1t;Ffh;r1:i:!e-IcI:lcii)`na2ii the young and to supply the qualihed manpower needed for the country‘s development .l ll * li In considering the above-mentioned problems, it is necessary to reemphasise that the Employment Policy Convention was designed to be a promotional instrument and that the whole purpose of employment policy is to identify the obstacles to full employment existing in a country and to take whatever social and economic measures are most appropriate with a view to the gradual elimination of these obstacles and to the promotion of full employment. This has certainly been recognised by the African governments which have ratified the Convention or are on the point of doing so. Most of them are faced by serious employment problems and all appreciate that it is the existence of these very problems and dilhculties which makes it necessary for them to formulate and implement an employment policy on the lines set out in the Convention. It is also necessary to bear in mind that the Employment Policy Convention and the more detailed standards contained in the supplementary Recommendation represent only a part of the ILO response to these problems. The Organisation’s practical contribution to employment policy in Africa.n countries is being made mainly through action under the Jobs and Skills Programme for Africa which forms part of the World Employment Programme. Under this Programme a comprehensive employment strategy mission visited Kenya in 1972 2, and exploratory missions have visited Burundi, Ethiopia, Liberia, Madagascar, Morocco, Sudan and Zaire. In the case of countries which have ratified the Employment Policy Convention, the Committee of Experts seeks to obtain information on the action taken following these missions as a means of assessing progress towards achieving the goal of the Convention? In the case of the other countries, the mission reports should assist the governments concerned in considering t.he adoption of corresponding policies. In this field therefore, standard setting and technical co-operation can be clearly seen as complementary fomts of action, the definition and adoption of specific goals and policies being a necessary prerequisite for practical measures and at the same time a yardstick for evaluating their results. ‘ RCE, 1972, Vol. B, para. 2ll. ” The mission's report was published under the title Emplaymeni, income: and equality: ¤ Siralegy for increasing praduerive emplnymenr in Kenya (Geneva, ILO. l972). ’ Direct requests to Madagnsar and Sudan. 19

FORCED LABOUR CONVENTION, 1930 (No 29) AND ABOLITION OF FORCED LABOUR CONVENTION, 1957 (No. 105) SUMMARY OF PROVISIONS The basic undertaking entered into by States which ratify the Forced Labour Convention, 1930 (No. 29), is to suppress the use of forced or compulsory labour in all its forms within the shortest possible period. With a view to this complete suppression 1, recourse to forced or compulsory labour may be had, during the transitional period, for public purposes only and as an exceptional measure, subject to specific conditions and guarantees laid down in the Convention. The Convention contains a general definition of forced or compulsory labour, but provides that, for the purposes of the Convention, live kinds of work or service shall be excluded from this definition (and thus from the scope of the Convention): compulsory military service, certain civic obligations, certain forms of penal labour, work exacted in emergencies and minor communal services. The Abolition of Forced Labour Convention, 1957 (No. 105), requires the abolition of any form of forced or compulsory labour 2 in live specified cases, namely: (a) as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system; ( b } as a method of mobilis1 The Committee of Experts has pointed out that, as the basic undertaking is to suppress forced or compulsory labour within the shortest possible period, this provision merely permits the temporary continuation of certain existing forms of fornxd labour; on the other hand, ratifying States are precluded from introducing new forms of forced labour within the scope of the Convention and also from reintroducing forms of forced labour which, while existing when the Convention came into force for the country concerned, have in the meantime been abolished—RCE, 1968, Part Three, para. 2.2. * The Committee of Experts has pointed out that, as_Convention No._ 105 refers tg "¤¤y form of forced or compulsory labour" without specifying any exceptions, it woul cover also the forms of compulsory work or servioe excluded from the soope of Convention N0. 29 (and in particular work required of persons convicted by a court of |¤W)T\;r;¤ exacted in any of the cases enumerated in Convention No. 105—RCE, 1968, Part . paras. 84 and 85. 21

Ratification and implementation of Conventions in Africa ing and using labour for purposes of econonric development; (c) as a means of labour discipline; (rl) as Cl punishment for having participated in strikes; and (e} as a means of racial, social, national or religious discrimination. EXTENT AND POSSIBILITIES OF RATIFICATION The Forced Labour Convention, 1930. is the most widely ratified, and the Abolition of Forced Labour Convention, 1957, among the most widely ratified, of international labour Conventions, both on the world scalel and among the countries of Africa. Of the latter, 34 have ratified the 1930 Convention? and 28 have ratified the 1957 Convention? Three member States in the region have not ratified the Forced Labour Convention, 1930 (Ethiopia, Malawi, Rwanda). The Government of Ethiopia has indicated that ratification will be considered after completion of the preparatory work for the adoption of legislation which will be in conformity with the Convention} The Government of Rwanda has indicated that, while forced labour has been abolished in all its forms, the ratification of the Convention has been delayed by the formalities involved in submitting it to the competent authorities.5 The Government of Malawi has indicated that it is unable to ratify the Convention on account of legislation, deemed necessary to relieve the burden on the courts, under which administrative authorities may order tax defaulters to perform public work, which does not conform with the requirements of the Convention? Eight member States in the region have not ratified the Abolition of Forced Labour Convention, 1957 (Congo, Ethiopia, Madagascar, Malawi, Mauritania, Togo, Upper Volta, Zaire). The Government of Ethiopia has indicated that, although the general spirit of the Convention is embodied in 1 As of 1 .lr.r.ly 1973, tl·re Forced Labour Convention, 1930, had been ratiEed by 106 States and the Abolition of Forced Labour Convention, 1957, by 90 States. ’ Algeria, Burundi, Cameroon, Central African Republic, Chad, Congo, Dahomey, Egypt, Gabon, Ghana, Guinea, Ivory Coast, Kenya, Lesotho, Liberia, Libyan Arab Republic, Madagastzr, Mali, Mauritania, Mauritius, Morocco, Niger, Nigeria, Senegal, Sierra Leone, Somalia,. Sudan, Tanzania, Togo, Tunisia, Uganda, Upper Volta, Zaire, Zambia. The Convention is also applicable without modification to the following non—metrop0litan temtones; Fra.noe—Réumon, Comoro Islands, French Territory of the Afars and the ISai;;{n.rted l;mgdorn—-St. Helena, Seychelles, Southern Rhodesia. Ga.-,..,é.'1.‘l?.2., e“".r"J“.Z{‘rv°§§“éL‘£2’K$§'}§{“1rr£{EI“r'f‘rJ§§.'3`1£’IL°r; tg:>ifiJrr?ii1¤iili1isi3uliiiiri;' Morocco, Niger, Nigeria, Rwanda, Senegal, Sierra Leone, Somalia, Sudan: Tanzania: ';%;l=:_é:d)s:l{n¢;a;1§|1trt:1lgta.bThe Convention has been declared applicable without modification Southern Rhodesia. polrtan territories of the United Kingdom; St. Helena, Seychelles. * Article 19 re ort, 1967. ° Article 19 resort, 1968. 2

Conventions Noe. 29 and 105 `t‘ laws, under the Penal Cod· ·II · t` · - . I5., ` I _ bl d _ NL dl 1·0ml€l¢(l pl‘1$Ol‘lt:l‘s, including political pl-lsongrs, are SU iccte I0 lvrud ldb0l-||' i\l`|Cl lhiil, 10 bc able to com I · Article 1 (tz) of the Convention, it will be necessary to wait for refywlth the penal Code} The Governments of Congoz Maui-itanlaa andlsmzn 0; · · . ' _ E0 have stated that there arelno dllllculties preventing ratification. The Government of Malawi has indicated that it is unable to ratify the Convent` because of the existence of legislation, deemed necessary to preserve ublin . . tc security, under which persons may be detained and required to workpwhile undef detention, ancllegnslation, deemed necessary to relieve the but-den on the courts, under which administrative authorities may order tax defaulters to perform public work? The Governments of Upper Voltaz and Zaireil have referred to difficulties preventing ratification of the Convention which appear to arise from the prohibition of the use of forced or compulsory labour for purposes of economic development in Article 1 (b} of the Conventiont PROBLEMS OF IMPLEMENTATION It is proposed to examine the problems of implementation of the forced labour Conventions under two broad headings, in accordance with the arrangement adopted by the Committee of Experts on the Application of Conventions and Recommendations in its general survey of 1968, namely: forced or compulsory labour for the purpose of production or service and forced or compulsory labour as political coercion or education or as a punishment in various other circumstances. Forced or compulsory labour for the pUI’pOS8 of pl'OdUCtlOl’l Of service General powers of call-up of labour or direction to work In several countries national legislation creates a legal obligation for all able-bodied citizens to engage in a gainful occupation; in the absence of being able to prove such an occupation, they are liable to compulsory direction 1 Statement at the fifth sasion of the African Advisory Committee (September-October 1972). 2 Article 19 report, 1967. S Article 19 report, 1968. _ ‘ The Committee of Experts has remarked that the countries in qu tion have ratified Convention No. 29 and have thus already undertaken to supprcs the use of forced 0I` compulsory labour i.n all its forms within the shortst posible ttrne, subject to the exceptions provided for in that Convention, such as compulsory labour in gases of emergency and minor communal servics, which would not, if remaining within the lunits laid down tn_ that gonvention, constitute a case of "mobilising and using labour for purpmes of eoonunuc dev opment" within the meaning of Article 1 (b} of Convention No. 105—RCE, I969, Part 111r¤. para. 62. B

Ratification and implementation of Conventions in Africa to specific work. subject to penal sanctions} In one of these countries all able-bodied men may also be rcquired to work full time in priority zones of each village, subprefecture and prefecture to attain the objectives of the live-year plan of economic and social development} In another country, with a view to ensuring the economic and social promotion of the nation, citizens of either sex could be called up for successive two—year periods to perform work or services in the national interest? The Committee of Experts has indicated that such legislation is contrary to both the 1930 and 1957 Conventions! A general power to mobilise workers for purposes of economic development appears to exist in another country where by law all persons, male and female, aged between 16 and 25 years, are declared members of an organisation whose objectives are (amongst other things) "to ensure by revolutionary means the rapid liquidation of the technical and economic underdevelopment" of the country.5 In some cases the Committee of Experts has considered that there existed unduly extensive definitions of vagrancy which might be used as an indirect means of compulsion to work.° In a number ofcountries legislation which appears to be intended primarily for use in emergencies permits the call-up of labour in relatively widely delined circumstances." The Committee of Experts has indicated that, to ensure I Dahomey: Act No. 62-21 of 14 May 1962; Gabon: Ordinance No. 50/62 of 21 September 1962. The Governments concerned have stated that the legislation had not been applied, and that measures would be taken to repeal it. In the Central African Republic able-bodied persons between 1B and 55 years of age who are not able to prove that they are gainfully occupied or pursuing studies at an educational establishment are liable to imprisomiient for from one to three ymrs—0rdina.nce No. 4 of 8 January 1966, as amended by Ordinance No. 72/083 of 18 October 1972. The Govemrnent has stated that these measures were intended as a means of intimidation for young people from rural areas for whom it was unable to provide employment in urban areas, but had not been applied in practice. Z Dahomey: Ordinance No. 62 PR/MDRC of 29 December 1966. See also Act No. 62-21 E24 Maly;962, nreggionegl aboiie. Lie Government has stated that in practice the legislation not n appi an woud repealed. ' Upper Volta: Act No. 6/63/AN of 12 February 1963, as amended by Ordinance Nc. 45/PRES of 3 October 1966. The Govermrient has stated that in May 1973 a Bill to repeal this legislation was passed by the National Assembly. ‘ RCE, 968, Part Three, paras. 49 and 55. See also individual observations concerning these countrts in RCE, 1973. _ ‘ Guinea: Decree No. 416- PRG of 22 October 1964. The Government has stated that this legislation was an anachronism and not needed, and that it would be repea1ed—RCE, 1973. Liberia: Penal Law, section 346-see RCE, 1973* Mauritius: Rodrigues Labour Regulation, section 21. See also RCE, 1968, Part Three, 'para. 56. 7 Congo: Act No. 24/60 of 11 May 1960 on requisitions, section 3; Dahomey: Ordinance EZf'z3£>’£¤°.§%°..§'3‘°li?l‘§*°llL'L%i{§.?l’§“‘¥>°‘§·°' ‘°"l$°"J§°l'5l" l'$2°,‘l“' S°l$2°§ (Z? · » . : r mance o. — 0 pr e Govemment has stated that tliese provisions would be amended) and Act No 70-029 of 23 January 1970—see RCE, 1972; more recent legislation on general organisation of civil protection (Act No. 71.059 of 25 Eebruary 1971) permits call-up only in specified exceptional ctrcutrtstancu of emergency, but tt has not repealed the earlier, more general, provisions; 24

Conventions Noe. 29 and 105 Compliance with, lh€ ¢XC€Pll0¤ cial-l$€ _l'¤l8ll¤[; to emergencies contained in Article 2, paragraph 2 (el}, of Convention No. 29 and with Article l b [ Convention No. 105, such legislation should be amended to indicate (I) O that recourse to call-up of labour may be had only in cases where it is ne§e;°rlY to mcct a calamity or threatened calamity endangering the existenc€ Of$i}:Y whole or part of the population} C imposition of labour for specified purposes In several countries adult 'able·bodied men may be called up for limited periods for paid employment, in the absence of a suhicient supply of voluntary labour, for public purposes 2, for the construction and maintenance of public buildings and roads, afforcstation and irrigation works il, or for the conservation of natural resources! In one case, powers to call up labour for at‘l`orestation, irrigation and improvement of pastures do not depend on the unavailability of voluntary labour.5 In one country the regulations goveming the administration of local government contain provisions permitting the imposition of forced labour on members ofthe tribal population for public works, porterage, the supply of labour to persons engaged in prospecting, n1.ining and farming, compulsory female labour, and compulsory cultivation; it appears that almost all local public works are carried out with unpaid labour supplied by the inhabitants! In another country unpaid labour may be exacted by local cornrnunities for the carrying out of development works, such as the construction of roads, agricultural works and the establishment of any industry.'7 In this connection, the Committee of Experts has pointed Morocco: Dahi.r of 25 March 1918 on civil requisitions; Sudan: Defence o1' the Sudan (General Regulations), 1967, regulations 20 and 69; Tunisia: Decree of 7 August 1936 on civil requisitions—see RCE, 1973; Zambia: Preservation of Public Security Regulations, regulation 31D. 1 RCE, 1968, Part Three, paras. 52 and 54. The Committee has also strmsed that the duration of recourse to powers of call-up of labour in emergencies should be limited to what is strictly required by the exigencies of the situation; ibid., paras. 53 and S4. Z Tanzania (T anganyika): Employment Ordinance, Part X (the Govemment has stated that these provisions have not been applied in practice since independenxsee, however, the general powers to impose compulsory labour for development works under the Ward Development Committees Act, 1969, mentioned below—RCE, 1973). S Zaire: Decree of 10 May 1957 cn native districts, section 73 (the Government stated that these provisions have been reputled but has not tndtmted by what legtslauon repeal was effected). _ _ ‘ Kenya: Native Authority Act (Cap. 128), sections 13718-the Government has mdiuttul that i.n practice the powers in question are used for carrying out mmor communal servt¤ of an ephemeral nature). · _ _ _ “ Burundi: Decree of 14 July 1952 on native pclitiml orgamsauon,_seeticns_45-I5;‘S:; Ordinance No. 21/86 of 10 July 1953 (the Government has stated that_this legtsla;ton been implicitly repealed and that measures would be taken to repeal it exprssly. ° Liberia: Revised Laws and Administrative Regulations for Governing the Hmterland, 1949, articles 34 and 35-see RCE, 1973. 1973 7 Tanzania (Tanganyika): Ward Development Committees Act, 1969-see RCE, · 5

Ratification and implementation of Conventions in Atriea out I that Convention No. 29—while excepting from its scope "minor communal services" as defined inArticle 2. paragraph 2 (e)—requtres the progressive abolition of compulsory labour for general and for local lpublic works, and that, pending complete suppression, the powers in questionlshouldbe used only as an exceptional measure and subject to precise regulations laying down the conditions and guarantees required by the Convention; under Convention No. 105 (Article 1 ([2)). all forms of forced labour for purposes of economic development should be abolished by measures of immediate application. _ _ _ _ In a number of countries legislative provisions permit the imposition of compulsory cultivation with a view to providing adequate subsistence for the communities directly concemed 2, or to producing cash as well as food crops, sometimes within the framework ofa general obligation for citizens to engage in a gainful occupation or under general powers to impose compulsory labour 3, sometimes by virtue of legislative provisions dealing specifically with cultivationt. The Committee of Experts has pointed out that, subject only to the exception for measures taken in emergencies, such as actual or threatened famines, Convention No. 29 (Articles 1 and 19) requires the abolition of all forms of compulsory cultivation, and that the situation under Convention No. 105 (Article 1 (b)) is similar except where the scope ofthe obligations imposed is too limited to have signilicance for purposes of economic development.5 In several countries forced labour may be imposed as a tax or as a means of recovery of taxes.° 1 RCE, 1968, Part Three, paras. 58 and 59. 1* Kenya: Native Authority Act (Cap. 128), section 11 (f} (the Government has stated that recourse has not been had to these powers); Sierra Leone: Chiefdom Councils Act (Cap. 61), section 8 (h) (the Government has stated that it will take steps to amend these provisions as and when circumstances permit)—see RCE, 1972. ’ Dahomey: Ordinance No. 62 PR/MDRC of 29 December 1966; Decree No. 239 of 1 June 1962 ooneeming collective village lields—see RCE, 1973. The Government has stated that this legislation has not been applied and will be repealed. ‘ Burundi: See the legislation cited above; Central African Republic: Act No. 60/109 of 27 June 1960 concerning the development of the rural economy, section 28 (the Governme:t)has stated that the repul of this provision is under consideration); Tanzania (Tanganyi a : Local Govemment Ordinance, as amended by Act No. 64 of 1962, section 52 (1), para. 45, and Ward Development Committees Act 1969-see RCE, 1973· Zaire: Decree of 10 May 1957 on native districts, sections 71-72 (the Government has stated that these provisions have been repaled but has not indicated by what legislation repeal was elTected). ‘ RCE, 1968, Part Three, para. 61. ' Gabon (the Govemment has stated that chiefs exercising administrative functions may impose forced or compulsory labour as a tax and for work of public interest); Chad: General Code of Direct Taxes, section 260bir (inserted by Act No. 28-62 of 28 December 1962); Madagascar: labour Code, section 2 (b), and Ordinance No. 62-065 of 27 September 1962, section 10; Upper Volta: Act No. 25-60 of 3 February 1960, section 14 (as amended by Ordinance No. 43/PRE ol' 3 October 1966). The Committee of Experts has pointed out 2O

Conventions Nos. B and tus National service obligations Thecxistence of legislation concerning national service obligations in connection mth economic and social development led the ILO to u d .n a research programme 011 tht? rclattonship between the reqniromosi-tak; economic and social development and the forced labour Conventions iflils resulted in t;t;C[;l;§:1gv;¤I\h¤ ¤B€¤d¤ Of the lhtcfrtational Labour Conference Of an item c g _ l’¤0¤$ ¤$P€€l$ of Sl’>¢€l2l youth programmes in relation to the problems of tratntng and employment, with a view to the adoption of a new instrument. Pendtng this examination, the Committee of Experts decided in 1966 to defer further comments in specific cases on this subject until the results of the Conference deliberations became available. At its 54th Session, the Conference adopted the Special Youth Schemes Recommendation, 1970 (No. I36), which provides that participation in special youth employment and training schemes should be voluntary, but that exceptions to this rule may be permitted where there is full compliance with the terms of existing international labour Conventions on forced labour and employment policy, and, inter alia, in respect of "(a} schemes of education and training involving obligatory enrolment of unemployed young people within a detinite period after the age limit of regular school attendance; and (b} schemes for young people who have previously accepted an obligation to serve for a definite period as a condition of being enabled to acquire education or technical qualifications of special value to the community for development" (Paragraph 7). Following adoption of this Recommendation, the Committee of Experts has addressed direct requests to a number of countries in the region! asking for information on the law and practice relating to schemes involving the compulsory participation of young persons in activities directed to economic and social development, together with such explanations as they may deem appropriate concerning the compatibility of these schemes with the provisions of the Conventions in question. that abolition of such labour is provided for in Article 10 of Convention No._29—RCE, 1968, para. 62. The Government of Upper Volta has stated that in May 1973 a Bill to repeal the provisions in question was passed by the National Amembly. The Goyernment of Madagascar has stated that there would be no enforced collection of taxes in this form after 1973. The Government of Chad has stated that amendment of its legislation is under consideration. I 1 Algeria, Chad, Congo, Dahomey, Gabon, Guinea, Ivory Coast, Madagascar, Scnczl . Sudan, Tanzania (Zanzibar), Zaire. Comments have also boenaddrmsed to Egypt ¤¢l'¤i¤g legislation relating to compulsory service Iby newly qualtfied d0€\0\’$. _P and dentists and the use for the execution of public works of persons perforrmng na o service—see RCE, 1968, Part Three, paras. 65 and 68. 21

Ratification and implementation of Conventions in Africa Discrimination in the imposition of labour for purposes of production or service ln some instances liability to perform services is limited to a part of the population defined in terms of racel or social status.? Under Article 1 (e) of Convention No. 105 any distinctions in the exaction of labour based on racial, social, national or religious grounds should be eliminated. Effective enforcement of the prohibition of forced or compulsory labour Article 25 of Convention No. 29 requires the illegal exaction of forced or compulsory labour to be punishable as a penal ofl`ence and the penalties imposed by law to be really adequate and strictly enforced. In one country national legislation now contains no provisions laying down penal sanctions for the illegal exaction of forced or compulsory labour} In two countries the provisions laying down such penalties are insufficient in scope, as they do not specifically cover the illegal exaction of labour by persons other than public ofHcials.‘* Forced or compulsory labour as political coercion or education or as punishment in various other circumstances Limitations applicable to prison labour in general Under Article 2, paragraph 2 (c), of Convention No. 29, compulsory penal or corrective labour is excepted from the Convention only if it is imposed as a consequence of a conviction in a court of law, and on condition that it is carried out under the supervision and control of a public authority and that the persons concerned are not hired to or placed at the disposal of private individuals, companies or associations. These conditions appear to be respected in the majority of countries. However, the Committee of Experts has noteds that in certain countries compulsory penal labour may be imposed on persons who have not been convicted in a court of law, either under general prison 1 Siena Leone; Legislation cited above in connection with compulsory cultivation. f Liberia: legislation, mentioned above, permitting the exaction of forced labour for spcctned purposes from mernbers of the tribal population—see RCE, 1973. _ ’ Liberia: RCE, 1973. The Committee of Experts has noted, from odicial reports, that chrefs continue to impose compulsory cultivation on their tribesmen. It has also stressed the need for labour inspection in agriculture to prevent the illegal exaction of forced labour. * Egypt: Penal Code, sections 117 and 131; Morocco: Penal Code, section 195. to paras. 99 and 100, eee observations or direct requests addressed Z

Conventions Neg, 3 and ms Icgvwldrrori orhl-lll CY l’>F°\l$l°¤§.¢0¤¤¢rning preventive dcrcmioha In Sew,-al courllfltis l'l0l'l JU Mal Zlulhorlltes may impose pchahi - _ Compulsory lab0l-lf 0¤ ldlc l’>¤l'50¤S“ Or tax del`aulrqr$4 The lcs-Ilnvélvlrfg one country makes persons who are subject to restricted l'¢5lden;g‘s ation in of 3 conviction available for use on work of public utility ro as a muh periods after completion of their sentenee.5 In anorim count, rcpml°ng°d have completed 3 S€l'll¢¤¢€ of lmPl‘lS0l”llTl€nt for specified O|¥c:c;;0:; wha . . . _ _ we as certain persons placed under restriction by administrative decision may be directed to a resettlement centre by ministerial decision and there be re ui d to perform compulsory labour.° In a number of countries the legiglatl-Zn permits prisoners to be hired out to private employers"; most ofthe govern ments concerned have, however, indicated that the amendment or repeal of these provisions is contemplated} One country, despite repeated requests by the Committee of Experts, has failed to supply its provisions governing prison labour; the Committee has stated that it was unable in these circumstances to satisfy itself of the observance of the conditions laid down by the Con. vention.° 1 Cameroon: Section 37 ofthe Order 018 July 1933 co ` th ’ · Nigeria: Regulation 36 of the Prisons Regulations; Togo: Order|Nc:94L-glgof to reorganise the prison system, section 21. The Governments of Cameroon and Togo have stated that it is proposed to repeal the provisions in question. 2 Libya: Royal Decree of 5 October 1955 concerning vagranLs and peered pgrgg section 6, and Act No. 20 of 1962 on internment in special corrective instittlustions, sectional Malawi: Regulations (Government Notice No. 43 of 1965) issued under the Preservation of Public Security Ordinance (Cap. 51); Nigeria: Various State Security (Detention of Persons) Decrees. In Tanzania (Zanzibar),_under section 5 of the Preventive Detention Decree, 1964, regulations may be adopted applying to detainees any of the provisions o1` the Prisons Decree relating to convicted prisoners—see RCE, 1973. ° Tunisia: Legislative Decree No. 62-17 o1' 15 August 1962 on rehabilitation through work, section 3-see RCE, 1973. *1 Burundi: Act of 17 February 1964 concerning the minimum personal contribution, and Ministerial Order No. 110/395 of 2 March 1964 determining the conditions governing imprisonment for non-payment of the minimum personal contribution; Madagascar: Ordinance No. 62-065 of 27 September 1962 (amending legislation taking account ol' the requirements of the Convention is now under consideration); Malawi: Taxation Act, 1966, section 15; Zaire: Act of 10 July 1963 regarding income tax, section 160 of Annex 1, read together with sections 9 and 64 of Ordinance No. 344 of 1965 (the Government has stated that appropriate changes will be made in the legislation). 5 Chad: Act No. 14 of 13 November 1959, section 2-see RCE, 1973. “ Tanzania (T anganyika): Resettlement of O1Tenders Act, 1969, sections 4 to 6 and 8, Resettlement of Offenders Regulation, 1969, sections 4 and 17. 7 Ivory Coast: Decree No. 69-189 of 14 May 1969, sections Z4, 77, _8Z; Madagascar; Decree No. 59-121 of 27 October 1959 to organise the prison services, section 70; Morocco} Dahir of 26 June 1930; Togo: Order No. 488 of 1 September 1933; Tunis1e:_Decree at 17 December 1942 concerning the employment of labour outside penitentiary anal lishments; Upper Volta: Order of 4 December 1950 to issue prison regulations, sections , 99; Zambia: Prisons Rules, 1966, rule 154. _ _ _ f Madagascar, Mali, Morocco, Togo, Tunisia. Similar provisions previously in force in Mali were repealed i.n 1972. ° Dahomey: RCE, 1973. 8

RBUECBHOI1 and implemenlaiiqn of ConVOI'IN¤¤$ in Africa Emergency powers in relation to the observance of the Abolition of Forced Labour Convention The Committee of Experts has recognised that, apart from the proper limits within which particular rights and freedoms of relevance to the application of Convention No. 105 (such as freedom of expression, meeting and association) are to be exercised under normal circumstances. these rights and freedoms may during certain periods of emergency be subjected to more general restrictions. lt has. however, emphasised that recourse to such exceptional measures affecting the exercise of rights or freedoms of relevance to the application of the Convention should be had only in strict cases of emergency and that the nature and duration of the measures taken should be limited to what is strictly required by the exigencies ofthe situation.! In certain cases where emergency legislation affecting such rights and freedoms appears to have been in force for prolonged periods, the Committee of Experts has requested the govermnents concerned to indicate the measures taken to repeal or amend the legislation in question or otherwise to ensure the application of t.he Convention.? Forced or compulsory labour as a punishment for holding or expressing views or as a means of political coercion or education The Committee of Experts has pointed out *’ that international instruments recognise that individual rights and freedoms relevant to the application of Article 1(a} of Convention No. 105 may have to be subject to certain limitations, essentially for two purposes: to ensure respect for the rights and freedoms of others, and to meet the just requirements of morality, public order and the general welfare in a democratic society. In certain cases 4, however, the Committee has considered that unduly severe limitations exist on the possibilities of comment or criticism which, in so far as enforced by penalties involving an obligation to perform labour (namely compulsory 1 RCE, 1968, Part Three, paras. 92, 102, 125. 2 Cameroon, _Kenya, Nigeria, Tanzania (Zanzibar). The Government of Kenya has stated that there is no longer an emergency in the country, but indications regarding the revoatron of emergency powers remain to be supplied. The Government of Cameroon ggliiziggcilzagégzlprmrd application of the legislation in question is becoming increas’ RCE, 1968, Part Three, para. 10]. ‘ Egy t:Pena| Code,secti · · mi?1§;£ xlay[1957_and°2scf(i¤g)528of%itbli/·ia?»81gf))?ngiiigialiuPi:at·faf.mC‘i·ilcl1;ds£3¢;iiA
Conventions Noe. B and 105 prison labour), may lead to the imposition of forced or eompulsort labour as a punjshment 1`or the expression of views within the scope of Artihle l(a) of the Lonventton} The imposition of-compulsory labour within the meaning ofthe Convention may also result indirectly from more general restrictions on freedom of expression 2, for example where administrative authorities may by a discretionary decision which is neither dependent on the commission of any criminal offence by the person concerned nor subject to judicial review withhold authorisation for the publication of newspapers or to engage in journalisma or prohibitlparticular publications ‘*—in so far as violations of such restrictions or prohibitions are punishable by sanctions involving compulsory labour. The same situation arises where persons may be prohibited, under similar conditions from associating or communicating with other persons} In a number of countries restrictions of varying severity—enforceabIe by sanctions involving compulsory labour—are imposed on the possibility of constituting organised groups. In some countries all parties or associations of a political character other than a specified national movement or party are prohibited.° The Committee of Experts has stated that in so far as such provisions are enforced by penalties involving an obligation to perform labour their practical application may permit the imposition of forced or compulsory labour within the meaning of Convention No. 105.7 This possibility may also arise where the public authorities enjoy wide discretionary powers either to refuse or cancel authorisation of or to prohibit or dissolve associations on 1 RCE, 1968, Part Three, para. 105; direct requmts to the countrim concerned. 2 Ibid., para. 108. ” Egypt: Act No. 156 of 24 May 1960 concerning t11e organisation of Lhe prss, secti ons 1 2 and 11; Ghana: Newspaper Lioensing Act, 1963, sections 1-3. ‘ Central African Republic: Act No. 60-169 of 12 December 1960 to supprm subversive writings, sections 1 and 3; Chad: Act No. 35 of January 1960 conocrmng the supprsion of subversive publications, section 1; Ghana: Criminal Code, section 183; Kenya: Penal Code, sections S2-53 (as applied by the Prohibited Publicauons Order, 1968 100)); Libyan Arab Republic: Publications Act, No. 11 of 1959, secuons 26 and 39; Mauritius: Importation of Publications (Prohibition) Ordinance, 1953, secuons 3, 4 and 7and Public Order Act, 1970. sections 30 and 64; Niger: Ordinanoe No. 59-135 of 21 July 1959 on the freedom ofthe prss. section 12; Tanzania (T anganyika): Newspapers Ordinance (Cap. 229), section 21A (mxrted by Act No. 23 of 1968); Zambia: Penal Code, sections 53 and 53A (as apphed by 5tatutory Instruments No. 51 of 1965 and No. 38 of 1968) (information ooneemmg the precise scope of protection a1Torded by constitutional guarantees of freedom of exprsion in relauon to these provisions has been sought by the Committee of Experts in a direct request). " Uganda: Public Order and Security Act, 1967, sections 1, 2, 3 and S. See RCE, 1968. P Thr , . 110. A"' Cet:;afmArfrican Republic: Act No. 63-411 _of 17 May 1963 concerning the National Movement, sections 1 and 4; Egypt: Legislative No. 3; of 11Bél¤lit:Al1;'y unda. Tanmnia (Zanzibar): Afro-Shirazi Party_1?ecree, 1965, sections 2. 4. and .f tw z ears. by Decree No. 14 of 1971, political activities were prohibited for a peri -0 Eng-'2· 7 RCE, 1968, Part Three, para. 113. See also the individual observations in RC . · 31

Ratification and implementation ol Conventions in Africa general grounds such as national interest, public policy, welfare or good order} Problems for the application of Convention No. 105 have also arisen in certain countries from extensive restrictions on the right to hold meetings, even in private premises Z, in so far as they are enforced by penalties involving an obligation to perform labour? Forced or compulsory labour as a means of labour discipline In several countries penal sanctions involving an obligation to perform labour may be imposed for certain breaches of labour discipline by persons employed in the public service, such as collective or individual interruption or abandonment of duties, or neglect of duty} Similar sanctions are applicable in some countries to employees of public services and of certain other undertakings who cause loss to their employer by wilful act or omission, negligence or misconduct 5, or to workers in self-management undertakings who, in breach of orders, perform acts or take decisions liable to cause loss.° In another country provisions designed to punish breaches of contract liable to interrupt the operation of essential services are worded in such a way as to restrict the right of the individual employee to terminate his employment by due notice.7 ln several countries specific performance of contracts of employment may be ordered by the courts.° The Committee of Experts has indicated that these provisions appear to penrtit the imposition of forced or 1 Central African Republic: Ordinance No. 62-22 of 22 March 1966, sections 2 and 5; Egypt: Act No. 32 of 12 February 1964 concerning associations and private foundations, secuons 12 and 92; Ghana: Criminal Code, as amended by Act No. 228 of 1964, section 192A(l)and (2); Kenya: Societies Act, sections 4-6, 11(2)(¤) and (b) and 12(1)(a) and (b); Niger: Ordinance No. 59-101 of 4 Ju.ly 1959, sections 1-2; Tanzania (T anganyika): Societies Ordinance, sections 2, 6, 8, 9(a), 12(i)·(ii), 19-21; (Zanzibar): Penal Decree, sections 55-57; Uganda: Penal Code, sections 54-56; Zambia: Societies Ordinance, sections 8, 9(a}, 12(1), 1_2A and 2l(2) (tnforrnation concerning the precise scope of protection aliorded by constitutional guarantees of freedom of association in relation to these provisions has been sought by the Committee of Experts in a direct request). 2 Egypt: Public Meeting Act, 1923, sections 4, 7-8; Meeting Act, 1914, sections 1-2; Kenya: Public Order Act, section 5; Somalia: Public Order Law, sections 13, 16 and 20; Pnscrvation of Public Security Regulations, 1964, as amended, regulations 4 and 31. E. l968, Part Three, para. 114. ‘ Libyan Arab ltepublie : Penal Code, sections 237-239 (the Government has stated that the legislation is under {review); Somalia: Penal Code, sections 255-257 and 259; Tanzania (Zanzibar): Penal Decree, section 110; Zambia: Penal Code, section 106. Tanzania (Tanganyika): Penal Code, section 284A (inserted by Act No. 2 of 1970). ° Algeria: Penal Code, section 437. Z ;<JgandagE'I;radc Disputes (Arbitration and Settlement) Act, 1964, section 16(¤}. enya: I ployment Act (Cap. 226), sections 41(1) and 45(1)(b)‘ Nigeria: Labour sizgzniihzwtigi 216(1)(b); Tanzania (Tanganyika): Employment Ordinance, 1955. }. ganda. Employment Act (Cap. 192), section 61(1)(b). 32

Conventlons Non. 29 and 105 compulsory labour as a means of labour discipline w`th` · Arriele l(c) of Convention No. 105} l m the mmnlng °l l`h. The same lconc usrons ave been reached by the Committee? as regards provisions which permit the imposition on merchant seamen of penal sanctions involving compulsory labour in respect of various breaches of labour discipline (as distinct from acts tending to endanger the ship or persons on board) such as desertion, absence without leave or disobediencea and provisions under which seamen may be forcibly returned to their ship·* Forced Ior compulsory labour as a punishment for having participated in strikes General prohibitions of strikes, enforced by sanctions involving an obligrrtion to perform labour, are rarely encountered. In one country there is a prohibition of any action which stops the pursuit of an industry or con:tmerce.° In some countries, however, there are provisions for compulsory arbitration accompanied by the prohibition of strikes both during the arbitration proceedings and during the currency of the award which are not confined to essential services or to cases of voluntary acceptance by the parties concerned, but are general in character and make it possible to render practically all strikes illegal, subject to penal sanctions involving an obligation to perform 1abour.° The Committee of Experts has considered that such prohibitions fall within the scope of Convention No. 105.7 The Committee of Ex erts has observeds that, in certain countries, proviP sions prohibiting, or authorising the prohibition of, strikes in the public service or other essential service appear to be too general in scope to be compatible I RCE, 1968, Part Three, paras. 118-120; direct requests to individual countris. 2 Ibid., para. 121. I ° Provisions of this nature are to be found in the merchant shipping legislation of Cameroon, Dahomey, Gabon, Ghana, Kenya, Maurrtrus, Nigeria, Senegal, Somalia, Tanzania, Zambia, and the Seychelles. l _ * Kenya: Merchant Shipping Act, 1967, section 151-; Mauritius: UK Merchant Shrpprnz Act, 1894, sections 222-224; Nigeria; Merchant Shipping Act, 1962, sectrons 114-116; Tanzania (T anganyika): Merchant Shipping Act, 1967, section 151; Zambia: UK Merchant Shipping Act, 1894, sections 222·224. _ 6 Libyan Arab Republic: Penal Code, section 363. However, sectron 151 of the Labour Code, promulgated by Aer No. 58-2970 of 1 May 1970, perrnrts workers to so $3 fill: case of failure by an employer to implement a settlement rn their favour em I conciliation board report, arbitration award or court Judgcmeg. T _ (T yum). ° Ghana: Industrial Relations Aet, 1965, sections 21- _;_ summa anew _ · Permanent Labour Tribunal Act, 1967. Sections 4v 8» IL pl Tllnma: 384, SB6, 390 (as regards striku likely to a11`ect the national l¤|¤l’¤S1). b_¤’|;·n may be Relations Act, 1971, sections 95 and 122._In MaurtttuS_¤¤t¥1D¤lS¤fYb°¤f 1 _:`-I3 www imposed when the trade, industry or service concerned rs likely t0l965¤¤;c‘i°I{ M2)and the scope of employment curtailed—Trade Disputes Ordinance, , "RCE, 1968, Part Three, para. 124. _ ' Ibid., para. 126, and direct requmts to the countnes coneemed. $

Ratification and implementation of Conventions in Africa with the Convention, for example wl-lere they apply to all wage earners and employees in public employment or in a service of public interest l, or wherein addition to essential services in the strict sense——they cover also industries and services whose interruption, in normal circumstances. does not necessarily endanger the existence or well-being of the population.? Where legislation provides for penal sanctions for breaches of labour discipline by seafarers, these sanctions are generally applicable likewise to strikes. The Committee of Experts has recalled in this connection that any prohibitions enforced by sanctions involving compulsory labour should be confined to circumstances in which strike action would tend to endanger the ship, life or health} In certain other countries the legislation prohibits, subject to sanctions involving an obligation to perform labour, strikes having any object other than or in addition to the furtherance ofa trade dispute in the trade or industry in which the strikers are engaged or strikes of sympathyt, or strikes which are not approved by the trade union authorities or by the central trade union organisation.5 Extensive powers to prohibit strikes in various circumstances, enforceable by similar penalties, are provided for in a third country.° The Committee of Experts has requested the governments of these countries to review the legislation concerned in the light of the requirements of the Convention.7 Forced or compulsory labour as a means of discrimination ln one country punishment involving an obligation to perform labour may be incurred for non-observance of laws affecting certain persons defined in ten·ns of their race or social group in circumstances which the Committee of Experts has considered as falling within the scope of Convention No. l05.° _O·O l Egypt: Penal Code, sections 124, 124(zz), 124(c), 374. *' Kenya: Trade _Disputes Act, 1965, sections 25, 30-31, and First Schedule; Uganda: Trade Disputes (Arbitration and Settlement) Act, 1964 (as amended by Act No. 30 of 1967) section 20A and Schedule (the Government has stated that these provisions are being reviewed lliggtixexcto Jmggdcciiiiflormity with the Convention); Zambia: Industrial " RCE, 1968, Part Three, para. 127i ‘ Ghana: Conspiracy and Protection of Property (Trade Disputes) Ordinance, section 6. _ “ Algeria: Order No. 71—75 of 16 November 1971 concerning collective labour relations in tl:e private sector, sections 15 and 21; Tunisia: Labour Code, sections 387-388. 7 genya: Trade Disputes Act,·1965, sections 19, 20, 21 and 25. 8 si;t;t Jgutllze coctzntriesuconcerned. I vwm Act teas. 64), eillor. '§Y'l'?3’é`, ?£§‘°T»2.,’T°%l.°,1”‘pi,l£; sf§3°t."..ti"tlll';L‘2'$°"¥€·l° rTcl;e|Comrntttee of Experts has observed that 'such legislafion appears mainly to el; the ut of distinctions made during a period of colonial administration. 34

Conventions Neu. Z8 and 105 ln its general survey of forced lt b . _ ` I a our of l968 the Committee of Experts stated certain general conclusions which, while referring to co i ` ‘ .`u comments, 3PP€¤\’ ¤l$0 I0 be t'¤l¤V2trtt to the Silualion in African nes I;] an » . as above. The Committee, after noting that there still existed a variety Kit? Ysed d l l· I 0 orms of [OI-ce 0I' COUIPU sory dbour for the PUYPOSC of pl'0dL\€l|0n gr 5crviqc_ observed: In some cases, the laws providing for the compulso llto be vestiges from an earlier stage in the political andryec':i·iorli1lic0dvi;\sildLdrn apfpclzir countries concemed and are stated to have fallen into disuse and to be due for fc I i rcpcar }—lowever,_ the Survey has also Shown that in some couniries law; rqsilaim extensive possibilities of compulsory direction or call—up of labour have beer? adopiiid in recent years. Such laws are incompatible with the standards laid down in the forced labour Conventions and, where these instruments have been ratified with the intemational obligations of the States concerned. In some instances, governiments have stated that the powers to impose compulsory labour granted by such laws have not in fact been utilised. Even if this be the ease, so long as the legislation continues in force, the possibility of its application remains. Its existence may constitute a continuing temptation to solve manpower problems by recourse to compulsion., as well as a basis for improper pressures or even certain fon·ns of discrimination. ln so important a field as freedom of labour, it is essential that both law and practice should be in full conformity with the relevant intemational standards} The Committee further pointed out thatthe choice for governments does not lie between a purely passive attitude towards the labour market and compulsory mobilisation of labour. Apart from a series of incentives which may be utilised to meet particular manpower requirements, there is the need for an over—all employment policy which will seek to secure opportunities for productive, freely chosen employment to all through a variety of measures ranging from investment programmes and fiscal policies to vocational guidance and vocational training schemes. In the long ICITI1, a solution to existing imbalances in manpower utilisation is most likely to be found through the co-ordinated measures envisaged in the ILO’s Employment Policy Convention and Recommendation! In this connection, the Committee stressed the importance of international assistance, and the role to be played by the ILO under the World Employment Programme.2 _ _ The Committee of Experts also noted that a number of diiiiculties existed as regards observance of provisions relating to forced labour as a rneans of political coercion or education or as punishment in various other circumstances, particularly in cases where there exist wide-ranging penal provisions which may permit the imposition of sanctions involving compulsory laboui} ID SU¢h circumstances or where the exercise of wide discretionary post/et‘S 0 preventive control enjoyed by the executive or administrative authonties may 1 RCE, 1968, Part Three, para. l35. “ Ibid., para. l39. 35

Ratification and implementation of Conventions in Africa expose individuals to the application of similar sanctions} lt observed that these dimculties appeared to be a rellection ofproblems which arose in societies undergoing rapid change and development.2 The Committee emphasised that— a just and stable order must guarantee to the individual freedom from compulsion in his work and freedom from coercion through forced or compulsory labour in industrial relations and i.n the exercise of his rights as a citizen. The concept of freedom here involved is not a negative one, but presupposes the development of opportunities for all to participate fully and responsibly in the economic, social and political life of thci.r community! ' RCB. 1968, Part Three, para. 142, ’ Ibid., para. 145. ' Ibid., para. 146. U

SOCIAL POLICY (BASIC AIMS AND STANDARDS) CONVENTION, 1962 (N0. 117) SUMMARY OF PROVISIONS The Convention states as a general principle that all social policies shall be primarily directed to·the well-being and development of the population and to the promotion of its desire for social progress. With regard to the aims of social policy, emphasis is placed to begin with on the measures to be taken in the planning of economic development to improve standards of living, with special reference to migratory movements and the consequent need to improve living conditions and employment in the rural sector and to deal with urban congestion; to assist agricultural workers; and to secure better living standards for independent producers and wage earners. In addition, the Convention lays down a number of principles to be applied in respect of migrant workers; it provides for a policy aimed at the abolition of all forms of discrimination in employment and related fields; and it requires the maximum possible provision to be made for the progressive development of education. The Convention also contains a number of provisions relating to specific labour standards. These include arrangements for the Eating of minimum wages in consultation with employers` and workers’ representatives, for the protection of wages in general and for the regulation of the minimum age for and conditions of employment. The provisions of the Convention were taken over with appropriate modilications from the Social Policy (Non-Metropolitan Territories) Convention, 1947 (No. 82). Following the accession to independence of many countries to which the earlier Convention had applied and in response to a resolution adopted by the First African Regional Conference of the ILO, Convention No. ll7 was adopted primarily with a view to making possible the continued application and ratification of the standards in question by independent States. 37

Ratification and implementation of Conventions in Africa EXTENT AND POSSIBILITIES OF RATIFICATION Convention No. |l7 has so far been ratified by 25 States including the following IO African countries: Central African Republic, Ghana, Guinea, Madagascar, Niger. Senegal. Sudan, Tunisia, Zaire and Zambia. In addition, 5 other African countries appear to be in a position to ratify the Convention. Thus, the Government of Dahomeyl has stated that it could ratify the Convention, which is already almost fully applied. The Government of Moroccol has indicated that the objectives and standards set forth in the Convention are identical to those forming the basis of the Government`s social policy and that ratilication would be considered. The Government of Nigerial has stated that steps would be taken to submit the instrument to the competent authorities. In Sierra Leonel a tripartite consultative committee made recommendations which might lead to ratification and the Govemment of Togo I has stated that there were no difficulties preventing or delaying ratification. The Government of Ethiopial stated that it hoped measures would be taken to apply the Convention after the approval of the Third Five-Year Plan. PROBLEMS OF IMPLEMENTATION It will have been noted from the above brief summary of the terms of the Convention that this instrument is wide in scope and far-reaching in its social and economic policy aims. It is therefore inevitable that many problems are encountered in ensuring compliance with its principles and requirements. Some of the problems specifically mentioned by governments are of a general nature, referring to the country’s over-all level of economic and social development. Thus, a number of governments, while declaring their approval of the aims laid down in the Convention, have stated that existing economic and social conditions make it impossible to give full eB`ect as yet to the Convention as a whole.2 One government has stated that the fields covered by the Convention have not yet all been the subject of legislation or regulations.3 When considering the above difliculties mentioned by governments, the Committee of Experts pointed out that various provisions of the Convention were Eexibly drafted, not only leaving governments a certain freedom in choosing the means of ensuring their application but also allowing the gradual achievement of the aims set forth.4 I Article 19 report, 1968. _* Chad (information on submission, 1966), Ivory Coast (article 19 report, l968), Mauritama (information on submission, 1964), Rwanda (article 19 report, 1968). ’ Cameroon (article 19 report, 1968). ‘ RCE, General Survey, 1969, para. ll0. 3I

Convention No.117 Promotional measures Improvement of standards ot living The Convention provides that the im Shan be considered as the principal objecliiiigilzlcxc Oliamildards or living development and it goes on t0 indicate the type of n-i;si.lii-Iygicoilcsoiflomlc considered in order to achieve this objectivc (Arliclcg 2-5)_ a cn or The Committee of Experts 'ha-s followed Ithe practice of periodically asking the governments Of most ratlfymg counti-resi to supply func,. information on such matter? as the measures taken in relation to the increasing movement of opulation rom rural to urban areas; assista ‘ in Fi-elation to chronic indebtedness, ownershirpccoi`0lziiticuiiggeiriiiiigil operatives or tenancy arrangements; and measures to improve living standards for independent producers and wage earners. Awareness ofthe problems involved is also found among non·ratifying countries: one of these? has stated, for example, that the development of agriculture and stock-raising represents a major preoccupation, with a view to discouraging the exodus from the rural areas and ensuring an adequate supply of food to the urban centres; while the hoped-for results have not yet been achieved, the govemment remains confident of their realisation in the foreseeable future. The Committee of Experts’ remarks conceming the flexibility with which the Convention is drafted are particularly applicable to the long-term measures designed to bring about improvements in standards of living. There are many similarities between the action required to give effect to these provisions of Convention No. 117 and that needed to implement the Employment Policy Convention, 1964 (No. 122), the promotional nature of which has likewise been stressed by the Committee of Experts.3 Protection of migrant workers The Convention, in its provisions relating to migrant workers (Articles 6-9), specifies that where necessary the competent authority should enter into agreements to protect migrant workers employed in another country and to ensure that they enjoy protection and advantages not less Lhan those of the workers in the area or cotmtry in which they are employed. It also provides that measures should be taken to facilitate the transfer of part of migrant I Central African Republic, Ghana, Guinu, Madagascar, Niger, Senegal, Zaire: direct requests. ° ‘ ' l` March 1973 . ° 2:t'I;:'I;l(i:frii::i1nll:1ael;Trll;hf;, Ghana, Mafdggnscar, Niger, Senegal: RCE 1972. and direct requests. 39

Ratification and implementation of Conventions in Africa workers` wages and savings to their homes and to ensure that their terms and conditions of employment take account of their normal family needs. With a considerable movement of population between a number of African countries, the Committee of Experts has found it necessary to ask certain governments I for information on action as regards migrant workers, and particularly as regards agreements concluded with a view to their protection, and it has drawn attention to the requirements of the Convention in this respect. The Committee of Experts has also pointed to the need for measures facilitating the transfer of savings 2, both while the migrant is employed and in those cases where he may be required to return to his country. One non—ratifying country has stated specifically that the provisions of the Convention relating to such agreements (Article 8) are not yet satisfactorily applied.3 Another country has referred to measures taken under the Convention on migrant workers of the Common African, Malagasy and Mauritian Organisation in relation, for example, to conservation of pension rights.4 Non-discrimination The Convention provides for the abolition of discrimination in employment and related fields on grounds of race, colour, sex, belief, tribal association or trade union aHiliation; it also provides that all practical measures shall be taken to lessen differences in wage rates due to such discrimination (Article 14). Various aspects of these requirements of Convention No. 117 are also covered by the Discrimination (Employment and Occupation) Convention, 1958 (No. lll), and the Equal Remuneration Convention, 1951 (No. 100). These two Conventions have been ratified respectively by 245 and 22* African States. While governments have referred in only a few cases to dihiculties in applying the fundamental principles of non-discrimination, the Committee of Experts has found it necessary in various instances to seek supplementary infonnation on certain aspects of these three Conventions. In a number of cases the Committee of Experts has been unable to assess fully the situation andl Republic, Ghana, Madagascar, Niger, Senegal, Tunisia: RCE, 1972 ’ Ghana, Guinea, Madagascar, Senegal: RCE, 1971 and direct requests. ’ Rwanda (article 19 report, 1968). 2 tgabon :icom:uni¢;aionAT1' March 1973). onven on o. : ' · · $tglt;.»ti.N?;;.¤e Gita, G.n.§T?€.;§°é‘.§2}, iliéil, Ei‘§‘§E'Li‘n.€"§S;,..'Si2°»Tt§¥t‘a5£E£; Uppetsflvolut, Mauntama, Morocco, Niger, Senegal, Siena Leone, Somalia, Sudan, Tunisia, ° Convention No. 100: Al ' ‘ · zggmgtbot., Gm, eut..£?Ca.$,“‘"¤5§§£"ttE§2,§‘?l.’l`£"tiZ‘;.}}.T£T'i$l§1§§`£‘i:.E‘}5`t2l2%; , ger, Senegal, Siena Leone, Sudan, Tumsta, Upper Volta, Zaire, Zambia. 40

Convention No. 117 in 3 given country because information was tsckrng rcgmd0,- ,.,On.digeriminali0l'l ll'l ¢lTlPl0Yl'l'l€lll and occupationl mg igvcml aspccls measures taken to promote equal rights in respect cr prgnimion 2 finds me ,0 vocational training “. or in regard to public service gr cmpior In regard times the Committee of Experts has found it necessary to seek yp-giiiiiel 1Al regarding public information and similar measures through which goiileiiii ments promote the understanding and implementation of their policies l` non-discrimination 5, or the possibility of making complaints and appeals sn the subject of discrimination° either in general or in the public service Two governments" have referred to practical difdculties in exercising supervision in respect of discrimination, especially in the private sector. It seems that it is particularly in the held of discrimination on grounds of sex that problems in the implementation of the principle of non-discrimination arise. Two governmentss have indicated that economic difficulties are encountered in applying the principle of equal pay; in other cases, discrimina. tion in wage rates as fixed by collective agreements has been noted by the Committee of Experts D or further information on the matter has been sought.l° In one case, where special wage scales may be established for jobs in the public service which are considered especially suitable for women, the Committee of Experts has pointed out that considerations of sex should not be among the criteria for fixing rates of remuneration, which should have regard to the work to be performed}1 Two governments 12 stated several years ago that I Algeria, Chad, Central African Republic, Liberia, Libyan Arab Republic, Mauritania, Senegal, Somalia: RCE and direct requests on Convention No. 111, 1973. 2 Gabon: direct request on Convention No. 111, 1971. The Government has stated that no cases have been reported of discrimination against foreign workers promotion, decisions being taken on the basis of the merits of each worker (communication of March 1973). ” Chad, Ethiopia, Gabon, Niger: RCE and direct requests on Convention No: 111. *973. The Government of Gabon has stated that there is no discrimination against foreigners as regards access to vocational training, but that few expatriates in Gabon are so unslulled as to seek admission to vocational training centres (commumcatton of March 1973)· " Guinea: direct request on Convention No. 111, 1972. The Government has·stated that, inthis connection, the Party indirectly controls ali Government decisions (arucle D report, 1973). _ ” Algeria, Ethiopia, Mauritania, Morocco, Somalia: direct requests on Convention No. 111, 1973. _ ° Algeria, Ghana, Niger, Somalia: direct requests on Convennon No. 111, 1973. " Rwanda, Uganda (article 19 reports, 1970, on Convention No. 111)s Kenya, Morocco (article 19 reports, 1968, on Conwntron No. 100)° Ghana: direct request on Convention No. 100, 1971. _ *° Liberia: observation on Convention No. 111. RCE. 1973Q UPP¤’ V°lm· wm www on Convention No. 100, 1973. “ Sudan: direct request on Convention N0. 100, l97J· _ 100) ‘° Morocco, zambis (uncle 19 reports, 1968, on Co¤v=¤¤¤¤ N°· · 41

Ratification and implementation of Conventions in Africa there would be a risk of unemployment for women if the authorities tried to impose equality of remuneration, but one ofthem has recently ratified the Equal Remuneration Convention and has stated that the earlier fears con— cerning unemployment among women have been proved exaggerated} More frequently the Committee of Experts has sought fuller information on the action and promotional measures taken to ensure equal wages and equal opportunities for male and female workers. This has been done either in the form ofa request for information on the general situation 2, or on the position of women in public services or etnploymenta or earning more than the minimum wagei or on their training opportunities.5 The Committee has also requested particulars on the action taken to promote objective job appraisals.6 With reference more particularly to problems arising in ensuring equal opportunity and treatment in employment in the private sector, it is appropriate to recall the comment made by the Committee of Experts in respect of the Convention on discrimination that the application of this instrument "requires not that all these forms of discrimination should have already disappeared in the private sector but that their elimination should be one of the objectives of national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment".7 Since the relevant provisions of Convention No. 117 also require the abolition of discrimination to be accepted as "an aim of policy", the above remarks appear to be equally applicable to that Convention. Education and training The Convention provides for the progressive development of broad systems of education, vocational training and apprenticeship and also for the fixing of a school-leaving age (Article 15). Certain countries' have not yet found it possible to introduce compulsory education for all children and to prescribe a school—leaving age. The dimculties mentioned by governments in regard to the extension of education are due, for example, to the lack of buildings l hmbia (communication of February 1973). Conzctglgggakghcph Ethiopia, Liberia, Senegal: RCE, 1973 and direct requests on C0n’:lcS;g:aL:f?0%p1§§public, Mali, Sierra Leone, Upper Volta: direct requests on Zim); reqcpmts on Convention No. lt)0, 1973. °Dah°m°; Gham.Libya;1AIabaIi;c d;r;ct request on Convention No. 111, 1973. . No- 100, l973·» » pu c, Upper Volta. direct requests on Convention Z g~;l;¤F[:t;r¤g;1nSlt;;vq on Convention llc. 111, 1.971, para. 23. Public, Ghana, Tunisia, Zambia: direct rcqu ts, 1972 and 1973. 42

Convention No.111 und quaiiiii-d teachers, liile iS0lH\i0i'l 0l`¢€l'\¤ll1 rural areas and thc high mobiiiiy and rapid increase H1 l B POPUIBHOH. The Commiiiec or Expciis has Dim d Oul that the provisions concerning the fixing or ii sci_iO0i_icaV`ing 3;: W° . . . . . cre comgrned in all Al'\l€l¤ Pf0Vldi¤g Y0? lhc progressive development Oi- broad Sysicms or education and vocational training and could be applied gi-aduatiy both in respect ofthe geographic scope ol` compulsory school attendance and in respect of its duration} Specific labour standards Minimum wage fixing machinery The Convention provides that where no adequate arrangements exist for the fixing of minimum wages by collective agreement, the necessary arrangements shall be made for the fixing of` such minimum wage rates in consultation with employers’ and workers’ representatives (Article 10). It is noteworthy that all ten African States bound by Convention No. 117 have also ratified the Minimum Wage·Fixing Machinery Convention, 1928 (No. 26)—which relates to industry and commerce—and that five of those are also bound by the Minimum Wage Fixing Machinery (Agriculture) Convention, 1959 (No, 99). The Committee of Experts has not, in any of these cases, noted any problem or difiiculty in recent years regarding the creation and maintenance of minimum wage fixing machinery. Similarly, with two exceptions 2, the Committee of Experts has not in recent years noted any difhculties regarding the form of wage fixing machinery in any of the 32 other African co1mtries*' which are bound by Convention No. 26. Problems appear to exist rather in regard to the practical application of the minimum wage fixing machinery (including the periodic revision of minimum wage rates) as well as the enforcement of minimum wage legislation. Protection of wages The Convention contains a number of detailed provisions which are to be complied with in regard to the protection of wages; t.hese include, for example, * RCE, 1969, Part Three, para. 110, and RCE, 1959, pp. 72-73. I _ “ Tanzania (Zanzibar): observation on Convention No. 26, RCE, Jl97§ (lh? ill Zanzibar relate essentially to the lack of proper machinery for Lliirtitfons tgtlgti; suc}; my illd W01‘kers in regard to minimum wage and the lack of C§l'¤l¤u¢;n No 26 1973. mtcs as might have been prescribed); Burundi: direct requst on nvm · i ° Total African ratifications of Convention No. 26: Burundg Qmifmlgl Cum Mxmlunysi Republic, Chad, Congo, Dahomey, Egypt, Gabon, Gh§¤¤._ ¤§{¤;;mus Mcmwiji Ng"' Libyan Arab Republic, Madagascar, Ma.|¤Wl. M¤11· M¤¤¤`}‘*m_;_°· U Uganda, Uiiiti. Nisuia, Rwanda, Senegal, Sierra Leone, Sudan. T¤¤¤¤1¤» °! · · Volta, Zaire, Zambia. 48

Rafmcaticn and implementation of Conventions in A1ti¤¤ the obligation to pay wages in legal tender, direct to thelworker, at regular intervals and without unauthorised deductions, and restriction on advances on wages (Articles 11-12). The Convention also provides for the encouragement of thrift and protection against usury (Article 13)- _ Apart from the countries bound by Convention No. ll-7, 19 other African countries 1 are bound by similar provisions in the Protection of Wages Convention, 1949 (No. 95). While these provisions seem to be substantially reflected in the legislation of the 29 countries concerned, the Committee of Experts has found it necessary to ask certain governments to supply information on or to take steps to apply certain requirements of the Convention. Such comments relate, for example, to the scope of the national legislation 2, to regulations concerning advances on wages 3, to the prevention of unauthorised deductions from wages 1, to prescriptions governing payments in kind 5, or to the place of payment of wages! In one case legislative measures are called for to give effect to a whole range of provisions concerning the protection of wages.7 Finally, the question of measures to protect wage earners and independent producers against usury has been raised in respect of some countries? Employment of children In addition to providing for the progressive development of education and for a school-leaving age, the Convention s cities that the minimum a e P9 E for employment shall be prescribed by laws or regulations (Article l5(2)). I Total African ratitications of Convention No. 95 including eight countries bound by Convention No. 117: Algeria, Cameroon, Central African Republic, Chad, Congo, Dahomey, Egypt, Gabon, Guinea, lvory Coast, Libyan Arab Republic, Madagascar, Mali, Mauritania, b{au.rétiusUNiger,vN;gertaZ;.*1Srenega1, Sierra Leone, Somalia, Sudan, Tamania, Togo, Tunisia, gan a, pper o ta, ` e. 2 Egypt (applicability to govermnent servics and to temporary workers): Observation on Convention No. 95, RCE, 1972; Libyan Arab Republic (applicability to agricultural workers): direct request on Convention N0. 95; Sudan (applicability to agricultural workers): direct request on Convention No. 95. The Government of Kenya has indicated that the scope of the national legislation does not extend to persons whose wages exceed a certain minimum. (Article 19 report, Convention No. 95, 1968.) 1 gentral African Republic, Ghana, Tunisia: direct requests on Convention No. 117. uineaz direct request on Convention No. 117; and L`byan Ar b R b1` S` Leone, Somalia, Sudan: direct requests on Convention No. 95. 8 cpu lc, mm “ Madagascar: direct request on Convention No 117: and Al eria Central Af ' Republic, Egypt, Libyan Arab Re bli S al' S · 11 8 ’ ‘ man on Convention N0. 95. Pu C. Om I3, u an. CE, 1972 and direct requests _ ' Ghana: direct request on Convention N . 117: d Cam ' · dum requests on Convention NO. 954 o , an eroon, Sierra Leone, Sudan. " Uganda (the Employment (Amendment) Bill re t' th tect' f ' be tiubmitted to Rarliament): observation on Gonvenggnmlgo. ;5l?rl(;CE:°l19?2.w8gcs ls to C0nvg:i%t;NN:If;¢T;n Republic, Guinea, Madagascar, Niger, Senegal: direct requests on 44

Convontlon No. 11'I Most ol the countries bound by the Convention have fixed a minimum nge [0,- admission 10 employment (¤0¤'¤'\¤iiY 14 or 15 years) cyan in U cases where compulsory school attendance is not yet generally applied if)? government of one rattfying country! has referred to difficulties in prescribinc a general minimum age for employment, but such a minimtun has been fixeg for employment in industry. A similar situation has been mentioned by the government of another countryz as a possible obstacle to ratification of Convention 1*10. 117. It should be noted in this connection that the Convention does not require the minimum age tobe fixed at any specific level or a uniform rninimiun age to apply to all activities. ls it It As has been noted above, the Social Policy (Basic Aims and Standards) Convention contains two types of provisions: those concerned with broad policy objectives and those seeking to lay down specific labour standards. These two categories call for a different approach, both by countries seeking to implement the Convention and by the ILO. In the case of the policy provisions, what is at issue is the taking into account, in the process of economic and social planning, of certain basic principles. The Convention in this respect provides a means for periodic review of the problems existing at the national level and consideration of the adequacy of the measures taken to deal with them. The primary role of the supervisory bodies is to ensure that due account is taken of the factors entuuerated in the Convention and that, through their reports, governments provide a clear picture of the national situation and explain the grounds for the policies pursued and the results obtained: a process of stock-taking in the area of social policy. As regards the labour standards provisions, specific normative measures are generally called for, and it would appear that to a large extent these are already embodied in the laws of African countries. Recalling the role which conditions in Africa played in shap¤1E the contents of the Convention, there would appear to be scope for a considerably wider acceptance of its provisions by African States. ‘ Ghana: direct request; this country has, however, ruined not 0¤}Y iamxm (IR¤d|rlSU’y) Convention (Revised), 1937, but also the Minimum ABB ( evised , 193 . . · ‘ ( ¤ Keiiyn (rrfraeie 19 report, 1968): this ¢¤¤P¤Y $i'“““"’.h“ gig AR (Industry) Convention, 1919, and the revised Convention 0 . A8¢ (Sw) Convention (Revised), 1936. 45

CONVENTIONS Nos. 81. 85, 110 and129‘ 5 SUMMARY OF PROVISIONS Convention No. 81 provides that every ratifying State must maintain a system of labour inspection in industrial and commercial workplaces.? Its main provisions relate to the organisation and operation of the system of labour inspection and the duties, powers and obligations of labour inspectors. They have also been embodied in Part XI of Convention No. 110, concerning plantations, and in Convention No. 129, which applies to agriculture in general. This latter Convention also contains a number of new provisions taking account of the special conditions in which agricultural work is done. Convention No. B5, which applies to non-metropolitan territories, covers the subject in less detail than the other Conventions. Basically, it incorporates the provisions of Convention No. Bl as regards a labour inspector‘s obligations and his powers of entry and supervision. It also applies to agriculture. EXTENT AND POSSIBILITIES OF RATIFICATION The Labour Inspection Convention, 1947 (No. 81), has been ratitied by 25 African States? In Niger the Convention was due to be submitted to the I Labour Inspection Convention, 1947 (No. 81); Labour Inspectorate (Non-Metropolitan Territories) Convention, 1947 (No. B5); Plantations Convention, 1958 ('No. 110) (Part XI), and Labour Inspection (Agriculture) Convenuon, 1969 (No. 129)- _ _ “ Mining and transport may nevertheless be exempted from the application of the Cor; vention and the acceptance ol` Part H, which relates to labour inspection m commune, optional. . . . · ‘ rnerce) J Algeria, Burundi, Cameroon (except for Part 1I. labour Inspecuon tn Com . Central African Republic, Chad, Egypt, (inbon, Ghana, Guinea. Keg)? Rtpublic. Madagascar, Malawi, Mali, Mauritania, Mauritius, M0rq¤¤0. ls¤'l¤_kn) (awp! Part ll), Senegal, Sierra Leone (except for Part II), Sudan. Tanmmi Gmcatmmdom [Of Part Il), Tunisia, Uganda and Zaire. At 1 July 1973 the K0¢·\|_¤\|-I: wm1°u‘m0dm¤_ stood ill B0. The Convention has been declared by France tp I7i¤Pl2I;?mgdmmE0m (ucv, tion to Réunion and by the United Kingdom to be npplicnbe wt for Part ll) to Southern Rhodesia. 41

Ratification and implementation of Conventions in Africa President of the Republic for ratification} ln the Sudan the Council of Ministers had decided to ratify the Convention.? The Government of the Ivory Coast had stated that it intended to ratify, subject to clarification of two points examined below? In Upper Volta where, according to the Government, the Labour Code contains provisions in line with the Convention, this instrument was to be examined by the competent authority? The Government of Dahomey has stated that national law and practice give effect to all the provisions of the Convention S, but has not expressly mentioned the possibility of ratification. The Plantations Convention, 1958 (No. 110), is now binding on one African State *, having been denounced by another African country which had previously ratitied it.5 The Labour Inspection (Agriculture) Convention, 1969 (No. 129), has been ratified by two African States.° In Cameroon the Government has initiated the ratification procedure.7 In the Central African Republic" and Zaire° the Convention had been submitted to the competent authorities for ratification. In Morocco the Convention had been submitted to the competent authorities and according to the Government, there is no obstacle to its ratification} The Labour Inspectorates (Non-Metropolitan Territories) Convention, 1947 (No. 85), has certain special features, since it was intended to be applied in non-metropolitan territories. At present it is applicable to two such territories in Africa.l° A number of African States to which the Convention had been declared applicable before their accession to independence undertook, on becoming independent, to continue to apply the provisions of Convention No. 85 until they were in a position to ratify Convention No. 81. Some of I Submission, 1972. 2 Statement by the Minister of Labour to the Intemational Labour Conference in June 1969 (Record of Proceedings, p. 150). ’ Article 19 report, 1968. ‘ Ivory Coast. At 1 July 1973 the Convention was in force for a total of seven States. ‘ Liberia. The Government stated that the wide definition of the term "plantations" contained in tlte Convention made its application dihicult in view of the limited resources ggrazlalgg to a developing country such as Liberia—see Governing Body document 183/20/17, m=|:,cMadagas¤tr and Malawi. At 1 July 1973 the total number of ratiiications stood at " Submission, 1971. N6;. Statement by the Government delegate to the Third African Regional Conference, ' Submission, 1970. W Saint I·Ielena and Seychelles, by virtue of a declaration made by the United Kingdom. 48

Conventions Non. B1, 85,110 and 1B hen] have since f¤llIl€d lI'lHl C`0nventi0n_ Sc`, gone so and C0¤S€Q¤€¤lI>’ remain b0l-md by th;IiIr (ii:§;r@:I§SI ha"° not yu vention N0. 85. g I° °PPI>’ COHPROBLEMS OF IMPLEMENTATION Organisation and structure of inspection services The Governments ofthe Ivory Coast and Rwanda? have mentioned a possible obstacle to the ratilication o1` Convention No. 81, that their countii; have only a single inspection service dealing with the three lields ol` industry commerce and agriculture. The Governments of Guinea and Nigera do not consider ratifying Convention No. 129 for the same reason, the Government of Niger specifying that, given the small number of wage earners employed in agriculture, the establishment of a new inspection service for this sector would not appear to be essential. In fact, the existence of a single inspection service is not an obstacle to the ratification of Conventions Nos. 81 and 129, since neither requires labour inspection work to be done by a specialised service for the sector that it covers. Furthermore, Convention No. 129 ‘, among the various possible ways in which labour inspection in agriculture may be carried out, mentions in the lirst instance "a single labour inspection department responsible for all sectors of economic activity". In almost all African countries (including those that have ratilied Convention No. Sl or Convention No. 129 5), labour inspection is carried out by a single multipurpose inspection service reporting to the Ministry of Labour or Social AHairs, and the inspectors supervising compliance with labour legislation are equally responsible for industry, commerce and agriculture? An administrative structure of th.is kind, apart from the fact that it is not in any way in contradiction with the provisions of Conventions Nos. B1 and 129, has the advantage of being suited to the situation in developing countries with limited resources, as is the case in Africa. 1 Dahomey, Ivory Coast, Niger, Somalia, Tanzania (Zanzibar), Togo and Upper Volta. ” Article 19 reports, 1968. ” Submission, 1970. ‘ Article 7. _ _ 6 Except Algeria, where, although a decision to bring all the labour inspeguon suvtcu under the Ministry ol` Labour was taken by decree in 1967, labour rnspecuon tn agriculture continus to be the responsibility o1` a specialised service of the Mmtstry ol' Agtculture. ° In Morocco, however, since the service responsible for labour inspection in (which was previously part of the Ministry of Agriculture) has been brought under the of Labour, supervision of social legislation in agriculture has been exercised by specta ollicials. 40

Ratification and implementation uf conventions i¤ A**l¢¤ The Government of Zambia has stated that, in view ofthe costs ofoperating an ethcient labour inspection service and the acute shortage of oualihed 8dl'|'lll'llSlt‘atlve and technical mmipower, it is not lt'1 3 p0$ll10l’1 lo fattly Gonvention No. 8l at this stage of development, because of pressing priorities in other spheres of national consolidation} Duties, powers and obligations of labour inspectors According to the labour inspection Conventions 2, the main functions of labour inspectors are to secure the enforcement of the legal provisions relating to work and to supply information and advice to employers and workers and the competent authorities. The Conventions provide that any further duties which may be entrusted to inspectors should not be such as to interfere with the discharge of their primary duties or prejudice their authority and impartiality. In the Ivory Coast the labour inspectors, in addition to their job of supervising the enforcement of labour legislation, act as conciliators in labour disputes, and the Government seems apprehensive that this would be an obstacle to their ratifying Convention No. 81.** Similar functions are entrusted to inspectors in many African countries 4, most of which are bound by one ofthe labour inspection Conventions.5 Certain other additional duties are frequently assigned to them.‘ Th.is situation is not in itself incompatible with the Conventions.7 The roblem is more a ractical one: in tr in to co e PPYBP with their many responsibilities, inspectors are liable to ne lect their main S job of supervising undertakings. One govemment has stated that the staff of its labour department is principally concerned with industrial relations and enforcement of minimum rates of pay and conditions of service, and would find it very diB5cu.lt to exercise effectively all the functions I Communiution of February 1973. Conjgztgeg oflggnvention No. 81, Article 74 of Convention No. 110 and Article 6 of o. . J Article 19 report, 1968. K ‘ For example Cameroon, Central African Republic, Chad, Congo, Gabon, Guinea, sg:-|>;i; Nlla`;1;§asIcJa,rl;crMa/1[iitaMauntama, Morocco, Niger, Nigeria, Senegal, Sierra Leone, to it:-it l;a;tr2?:;§og:?tio§1No.dl:£, érticle 74, pai;. 2, of which is identical _, ., _· o'. ,an eornmitteeo x rtshs t d obseirtiztions on the application of this provision by this country. pc a no ma any connection with labour statistics (for example, in Tunisia) or the su r ' ' f |:i;¤£0W¤.rv0r¢:;:‘;-hg; gtudance and placement (for example, in Cameroon, ChF:‘l,vg|tYiIl1¢g. " The Recommendations supplementing Co t` N fltgtlctionstgf labour inspectors should not inclutll;l:1l.:iJfi·nzietii;): ragleoa-i-ilzliliziilnriljglgtlll lthleaégfti ions emselves do not lay down any rule on the subject. 50

Conventions Non. I1, 85, 110 .,,618 pr,,,.id€n ror in Convention N0. 8.1 What is ¤¤¤cm,y_ ,hmfmcl is that [hm should be enough inspectors. to cover tlte full range of their responsibilities, without neglecting their mam duty in the process.2 According to the four Conventions 1*, inspectors must be empowered to enter freely and without previous notice at any hour of the day or night any workplace- liable to- inspection. Some countriesd have incorporated this provision in their l€glSlal10n. $0mc laws, however-_ give no indicmicn of when the right of entry may be exercised 5 or allow the right to be exercised only "during working hours".° The Cornrnittee of Experts has pointed out, in its observations and direct requests to countries having ratified one of the labour inspection Conventions, that such clauses are inadequate to give effect to the relevant provisions of these Conventions. The examinations, tests and inquiries which inspectors must be able to carry out during their visits of inspection are listed in detail in the four Conventions.7 They are not all expressly mentioned in the legislation of some countries. The clause most frequently missing is that authorising inspectors to take samples of materials and substances used.“ In some countries, furthermore, although inspectors are authorised by law to make or have made orders requiring steps to be taken within a speciiied time lim.it to remedy defects observed in plant, thereby giving eH`ect to Article 13, paragraph 2 (a) of Convention No. Bl and Article 18, paragraph 2 (a), of Convention No. 129, they have no statutory power, in the event of imminent danger to the health or safety of the workers, to make or have made orders, requiring measures with immediate executory force, as is provided in paragraph 2 (b ) of each of the Articles mentioned above.’ While having the duties and powers described above, labour inspectors must also comply with certain obligations, wh.ich are stated in the Conven1 Zambia (communication of February 1973). Z In 1972 and 1973 the Committee of Experts addressed direct requests to this elfect to several countries bound by Convention No. Amd: 4 a Z (U of Convention No.s8};-gitriztdiy %ir;a1}a.(¢1},(¢?5 (dfn§>|ri·ft;gi|;ltf:>Irc;.Noi 110 and’A,:icle 16, para. l (a) of Convention N0. 129. _ _ _ . ‘ Central African Republic, Chad, Ivory Coast. Morocco, Somalia, Tunisia, Zane. ° Algeria. br ° ' ria Lib an Arab Repu ic. . " I-gxpara. 1 ye), of Convention No. 81; Article 4, para. 2 (c),t1f Conglylég-3: No. 85; Article 78, para. 1 (c), of Convention No. 110 and Article 16, para. (c) :;.r;.·::; M M ‘° "‘""‘ S"‘" ° This is the position in the following countries, which have ratiE¢dm(5¤;\uVtij';*3n md to which the Committee of Experts has addrwcd C0|'¤Hj|§m$ gsm L Cameroon, Central African Republic, Chad, Guinea, Mnuritius, EU 51

Ratihcation and implementation of Conventions in Africa tions} National laws or regulations normally provide for the inspector`s obligation not to have any interest in the undertakings under his supervision and not to reveal any manufacturing or commercial secrets, but no express provision is made in the legislation of some countries for the obligation to treat the source of any complaint as absolutely confidential and to give no intimation to the employer that a visit of inspection has been made in consequence of the receipt of a complaint. The Committee of Experts has drawn the attention of countries bound by Convention No. 81 to the need to make inspectors subject to this obligation by issuing provisions in writing (in the form of a law, regulation or circular).? Labour inspection staff The inspection stall` must be composed of public otlicials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external inEuences.’ Both men and women must be eligible for appointment to the sta1T.‘ Finally, labour inspectors must be adequately trained for the performance of their dutiess and experts and specialists must be associated in the work of inspection.‘ In all African countries inspectors are public oliicials subject to general civil service rules or to special rules applicable to the labour inspectorate. The Government of Niger has stated that ratification of Convention No. 81 has been delayed because the special regulations applicable to labour inspectors have not yet been adopted and that officials at present asstuning the functions of labour inspectors do so in the capacity of "deputy inspectors".7 The Govemment has also mentioned that the absence of a special inspection service for agriculture having its own special regulations is an obstacle to the ratification of Convention No. 129.8 In fact, neither Convention No. 81 nor Convention No. 129 requires that labour inspectors should be subject to 1 Article 15 of Convention No. 81; Article 5 of Convention No. B5; Article 79 of Convention No. 110 and Article 20 of Convention No. 129. ’ Observations or direct requests addressed to Kenya, Nigeria, Sierra Leone and Uganda. conzgggegcoflggnventton No. Bl, Article 76 of Convention No. 110 and Article B of 2 Article 8 of Convention No. Bl and Article 10 o1` Convention No. 129. Convcizatétgelzooflggnvention No. 81, Article 72 of Convention No. 110 and Article 9 of 3 ggticl-ti 9 o1`hConvention No. 81 and Article 11 of Convention No. 129. stm t..tE§’t¤d°?tL §.%.‘?3§"}E.°{a$:tE2§E2S°2t"é‘Z..$Z..{?§..1¥ZTiZ‘.T"° °°"°‘“"‘°°‘ "“ ' Submission, 1970. 52

Conventions Noe. U1, BS, 110 and 1B S mi regulations or that they should discharge their - — . ,,...n what mms is that they will §,"u..‘§E`f Z22? that they should be assured of independence and stability of employmciii and that they should have been adequately trained for the perfomtance of their duties} As regards the last point, a number of African countries have made zi great effort in recent years, with ILO assistance, to provide training for labour inspection oliicers. None of the countries bound by Convention No. Bl has provisions prohibiting women from assuming labour inspection duties, but two ofthem 2 have regulations restricting the number of women ofiicials to 10 per cent of the total staff. In some countries the absence of women labour inspectors is not attributable to any legal obstacle but to the present status of women in society, which hampers their admission to jobs involving a certain amount of authority or requiring a high level of qualifications. A de facto situation of this kind is not incompatible with Convention No. 81 and, in some countries that have ratified the Convention, no women have been appointed as members of the inspection staff, at least until fairly recently? It may be noted that Article 8 of Convention No. B1 and Article 10 of Convention No. 129 allow special duties to be assigned to men and women inspectors. In some cases this might, as a first step, enable women inspectors to be entrusted with certain jobs (such as supervising the working conditions of women and children or visiting certain types of undertakings) which require less physical eHort. Specialisation of this kind is a feature of two countries that have ratified Convention No. 81.* Facilities and activities of labour inspectorates According to the Conventions 5, workplaces must be inspected as often and as thoroughly as is necessary to ensure the eHect.ive application of the relevant legal provisions. To this end, the labour inspectorate must have a · · ' . 81, the local administrative authorities carr; iJ|i.tt(i1i];|;cfi'd>]f1cd1uiiesb‘irilI:>ilad1):}s tgligricsliifg ITO labour inspection office. The Conltmittee of Experts, in direct requests, has emphasised the importance of providing the loml aut ormes in question with a certain amount of specialised trainmg for inspection duties. ¤ ' Re ublic, Mad car. _ _ ’ ?1ie:c.i.i:fcf'IoIi· 19:7-69), Guinzgiiaccording to the latest infomation on the subject received in the report for 1964-66), and Malawi (report for 1965). ‘ i ia. . ° AhiI*fi;1):‘f(;'oll?]C.;i1wntion No. B1, Article 4_o1' Convention No. B5, Article 81 of Convention No. 110 and Article No. Z1 of Convention No. 129. Sl

Ratification and implementation of Conventions in Africa sufficient number of inspectors 1, with the necessary material facilities for the perfomiance of their duties, and especially suitable otlices and transport? The Government of Rwanda has stated that ratification of Convention No. 81 has been delayed by material and financial difficulties and that it does not, in view of the stage ofindustrialisation, the limited resources and the special economic situation of the country, consider setting up different inspectorates for industry, commerce and agriculture in the immediate future.3 As was stated earlier, the existence ofa single inspection service for all sectors is not in any way incompatible with Convention No. 81. In practice, however, given the shortage of stall` and material facilities that has usually led governments to adopt it, this form of administrative organisation is likely to give greater prominence to the supervision of working conditions in industry, to the detriment of other sectors! The Government of Congo has stated that ratification of Convention No. 81 has been postponed because of the shortage of skilled staff and the lack of material facilities for the inspection servicessg this is also one of the factors mentioned by the Government of Zambia as preventing its ratification of the Convention? During the preparatory work on Convention No. 129, the same shortages were mentioned by a number of other African countries7 as possible obstacles to the ratification of a Convention on labour inspection in agriculture. The labour inspection services in all African countries, whether they have ratified one of the labour inspection Conventions or not, are faced with a va1·iety of problems attributable to the shortage of material facilities: disparity between the conditions of employment and the level of skills and responsibilities demanded, serious dimculties in recruiting and retaining the services of skilled staff, lack of equipment, absence of adequate transport facilities, and sometimes a failure to reimburse inspectors for all the travelling and incidental expenses necessary for the performance of their duties} The ; Article 10 of Convention No. E1 and ·Article 14 of Convention No. 129. of Cctgvrgggcél I2§.(a%;17€|1I10D No. 81, Article 77 of Convention No. 110 and Article 15 ’ Article 19 report, 1968. ;¤sp¤ct’}Z¤“‘§£'§§'i.“‘Z§‘t.L".iZil§°‘§‘t?§'2e‘§e3‘tElt‘3°i.Zi.}1“t?,°§’.§7i’$"i.Z“ $$31% §§t!3li‘Q’.L'§ iflotnwgqauztie (_g(nC,E;ti1,917(;`I;ncl2$?73—observations relating respectively to Convention Z Article 19 report, 1965, cited again in Article 19 report, 1968. 7 I(:;T;:1inu¤;1¢;;t‘o1t;rof Fclliliniary 1973. · f In reply to duect[i;;iiest;urii:i:;u;yl:l·i`eaC`ti>anitir?ifii1e‘; Zrfclixinirptfixim r f t C ginalcgt: 1:;. Government of the Central African ltepublic stated in itscr:;i·?1`ot? 1933; to. at oem (aL"§°3'ET'»$i§'¥§“T€t °é‘Z,`Z“;i°“¤m`Z'.I{‘"“f 1'§f, °°""‘” "“°'- "°F“' “"°""`°" 1969-71 that the country’s policy of austerity made it ii·npos;ti¤1e¤?dcat?dbm ns 'rcport fm: u-avdlmg expenses In I-uu. retrn urse inspectors 54

Conv gt an °"' N"- Ul. B5. 110 ¤nd1Z9 annual reports transmitted to the ILO on the work of th ' · frequently rcl`€l' to dlm€ulll€$ of this kindl_ which ap igisriicucn Services activities of the services C0ncemed_ P °'“ Y '°$'"°l uw Annual inspection reports Under Conventions Nos. Sl and 129 2, the central inspection authorit is required to publish an annual general report on th · - y _ _ _ _ e work of the inspection services under its control, within 12 months of the end of the year to which the report relates.- This report, which must contain information on certain subject; specified ln the C0¤V€¤ll0l'l$ 3. pl’0VidCS a picture ofthe work dong by the inspection services. In many countries this annual report is either not published at all or is only published late or at irregular intervals; even where published, it is very often incomplete/* This is usually due to the lack of skilled stat? and financial resources mentioned earlier. The Committee on Labour Inspection (Agriculture) of the International Labour Conference (Geneva, 1969) was concerned at this situation and expressed the hope that a simplified form of annual report would be dravtm up to facilitate the task of governments and standardise the presentation of the information requested under Conventions Nos. Bl and 129. In response the ILO has prepared a standard form which can be supplied to governments to help them in drawing up their annual inspection reports.5 i »· it 1 As an illustration, the annual report from the Ministry of labour of Chad (Department of Employment, Manpower and Social Welfare) for 1970 referred to the inadequacy of the work done by the labour inspection service, and added: "This inadequacy not wholly inexcusable. The staH, who do not have the necesary skills, cannot a standard of service that could otherwise be justifiably expected of it. lt is also insufbcient in number. . It is common knowledge that the financial and material facilities provided for lI1F_S¢|"V'I¤ are too limited. Finally, it is inadmissible that, owing to a lack of transport facilit1es,_the field service is incapable of discharging its fundamental duty of superv1smg_ imdertakings and establishments and is really active only in the vicmity of tu head cmu:. (pp. 27—28). “ Article 20 of Convention No. B1 and Article 26 of Convention No. 129. " Article 21 of Convention N0. B1 and Article 27 of Conv tion bio. 129. I · ‘ The Committee of Experts has had occasion to point out shorto0mu1§ of thlS kind in RD appreciable number of countries bound by Convention ·N0. Bl; Al$¤l'l¤. Mauritania, Morocco, Tanzania (Tangnnyika), Uganda (observations, RCE 1972 mm: Du'¤¢¢ fequcsts have been addressed to several other countrts. No COUDUTG W thaw did D0! publish an inspection report or had not published GDC l`0|‘ V¤|')' ¤'l3¤Y Ya-B l’¢¤¤¤lly undertaken to do so, namely Chad and Malt (RCE 1972)- _ b me H-O ° This form has been reproduced as tm appendix to lh¤ |'|'l¤·¤u¤] P“bI·*$h°d Y under the title Labour inspection: purposes Md Pf¤¤¤¢‘¢· 55

Ratification and implementation of Conventions in Africa The problems encotmtered in giving etTect to the labour inspection Conventions are basically of two kinds. The first, which are legal problems, arise because the provisions of national laws and regulations do not always entirely correspond to those of the Conventions, particularly as regards the powers and obligations of inspectors. However, they arise only in a limited number of countries and some of them are in process of being solved by the adoption of laws or regulations taking account of the provisions of Convention No. 81.1 The legislation of African countries shows considerable uniformity in this respect, because of the administrative traditions and legislative sources that many of them have in common. In addition, the assistance of ILO experts in the drafting of laws or regulations has made for closer conformity between national legislation and the standards set in the relevant international labour Conventions? The legal problems appear to be of minor importance when compared with the magnitude of the material problems—lack of budgetary funds, shortage of skilled stafl`, absence of adequate equipment—that the countries of Africa face in varying degrees. These are the main obstacle to the implementation of the labour inspection Conventions. Since the African countries became independent, the ILO has endeavoured to help them solve the problems implicit in the creation of the new legal and administrative structures that they need in framing and applying social policy. These activities, coupled with the gradual recognition by the govern. ments of the States concerned of the important part that labour administration—and especially labour inspection—can and must play in their economic and social development policy, have made it possible in many cases to achieve closer confomtity of national law and practice with the standards set in the labour inspection Conventions. Although a great deal still needs to be done in this respect, there is accordingly reason to hope that the future will show further progress in the application of these Conventions. or uE;.Eh?]°l?3’:¤EEsrK‘§&Ni;g§§2a;5:::£g l6I(i|;(t;;|la‘;l::;g;dirt1Ig,·tc.§{epor¤ from the governments urun i, meroon, Lesotho, Rwa , ‘ ‘ :=.::··..:.z:w:: :m.z*.**:r2z:;.%.;.€’ ·*~*`;i *m·*=°`id~Z**g** 56

REVIEW OF THE |LO'S STANDARD—SETTING WORK BY THE AFRICAN ADVISORY COMMITTEE The introduction to this Report indicated that, as part of the review of ILO-activities in Africa undertaken by the African Advisory Committee at its Fifth Session (Addis Ababa, 1972), the Committee also discussed problems related to international labourstandards. That part of the C0mmittee’s report reflecting tts discussion on th.rs topic is reproduced belowl: 113. Importance of the ILO’s standard-setting work. The Cormnittee discussed at length the importance of the ILO’s standard-setting work and the contribution which international labour standards could make to the development of social policy. The ratification record of African countries provides evidence of their desire to contribute to this part of the ILO`s work and to take account of the provisions of ILO instruments. It was recalled in this connection that African States, on becoming independent, had agreed to continue to be bound by Conventions previously accepted on their behalf. The Committee recognised that, even in the absence of ratilication, ILO standards played a useful part in the development of social policy and legislation. 1 14. International labour standard.: and national development. The Workers` members recalled the observations made, in the course of the general review of the ILO's activities, regarding the indivisible link which must exist between the ILO's standardsetting and technical co—operation activities. They considered that standard-setting activities must continue to constitute the backbone of the ILO's work, in Afnca as elsewhere, and the basis for ensuring that social progress goes hand rrr hand with economic development, since development would mean nothing unless directed to a better life, freedom and dignity. A number of Govemment members, while indicating their governments‘ acceptance of the need for balanced economic and social development, warned that a premature ratification of Convenuons without regard to national conditions and possibilities was liable to lqd to drhicultres of implementation and might create imbalances and even constitute a brake ¤P°¤ development; it was necessary to reconcile the desirable with the attarnabl:l.b;hc Workers’ members observed that, when the French Overseas Labour Code ha S Undef discussion, fears had been expressed that tts pr0vtst0nS W0l:\Id spell Igilikzndc bankruptcy, but these fears had not been borne out by events; instead, t e . . . . . - ‘ have 1 Certain passages relating to ratification prospects rn individual countries (which been taken into account in the preceding chapters) have been omitted, as well as paragraphs relating to pt.r.rely procedural qustions. 57

. ‘ ' Af ' Ratmtaliun and implementation of C0nV€t\f|¤¤$ IN Ylca had led to better methods of ntanagentenlI:2tzVIr*3F;;";ge§g?fglgtufzliadrj30,-;_ It was therefore important. rn their "*°"'· 'l""' · . - Z"` S - d A Workers l'tl€l'|`lb€l' PO|¤l€d Out the need on development should not be ignore ._ I bo r laws in Order to accelerate th for African countries to harmonrse their 3 [1-th African Comincm E process of economic and social integration o t e · - ·· - There was general agreement in the ll5. Stamlurd-setting on a mrr»er.trrl basis _` _ I _ Committee that, since the principles underlying the ILO > &Ct10n were of ungvcrsal value ILO standards should continue to be adopted on a world-wrde basis and . · . - · ‘ . Any attem t t h ld continue to contribute to this process p to iliigil-lslt§r(idJ£rdi€i>r·i aohegional basis would be a backward step and would produce anomalies and tensions between different regions. It was recalled that, at the Third Session of the African Advisory Committee. tn l9E7.1£C¥Qd been recognised that "sub-standards for sub—humans have no place rn 1 e . 116. The need for flexibility. It was recalled that the ILO Cogstitutirn required d be h d, ` the framing of Conventions, to varying rn ustrta conditions regu to a m or-nrnittee reco nrsed the need for the standardand levels of development. The C _ _ S _ _ _ setting work to take full account of the conditions rr; Afrrcan countries and for the provisions of Conventions to besuliicrently dexrble. It was suggested that certain existing Conventions might require review rn the light of these considerations. The Worker·s` members urged, however, that this should·not result rn any weakening of existing standards. One Govermnent member mentioned, by way of example, that the provisions in the Employment Service Convention, 1948 (No. 8.8), concerning the use of employment service facilities on a voluntary basrs had led his Government to refrain from requiring work-seekers to register at employment offices, with the result that the existing services were not being fully used and that rt was proving didicult to compile adequate statistics. One Employers' member questioned whether it was feasible to adopt standards taking account of varying condtttons, since even among African countries there were enormous differences, some countries developing while others remained stagnant or even moved backwards; in the latter cases, even the gradual implementation of ILO standards was unlikely to take place. 117. Possibilities of further ratification:. The Workers’ members noted that only three African countries had ratified the Convention of 1919 laying down an eighthour day and a 48-hou.r week in industry, although in many African countries the legislation laid down more favourable standards in this field. In their view, this and other. examples showed that African countries should be in a position to ratify addtrtonal Conventions. Moreover, the review of selected Conventions contained m the report before the Committee showed that at times certain governments reframed from ratifying a Convention because of misunderstanding of its requirements. The Workcrsl members accordingly suggested that all governments should undertake a systematic review, rn consultation with employers’ and workers’ organisatrons,.to determine what additional Conventions might be implemented and ratilied. Certain Government members pointed out that non-ratification of a Convention I In a communication of April 1973 the Employers‘ Consultative Association of Malawi m stated that, while it anoeptod the principle of universal standards, it felt that the ILO f ma great responsibility rrr ensuring that standard-setting was carried out in a realistic Das on and rnbencouragrng its Members to consider the impact of any instrument on their ly;1:¤e0l?l0l;ly ufore Creallrtg an instrument which on further relioctlon could not be 2DPll¢d· On WEE? ihélzd |5‘§Ol'l¤?Z¥I0¤ that ILO questionnaires addressed to governments on SLlbj¤¢l$ pam mcs crop ren ch standards rs contemplated always seek indications concernins MW of such stmdudsllil gm law and practrc which may create difficulties in the appl.ie¤tl0¤ ¤¤ Sovernments views as to how these diliiculties should be met. 58

Review b lh · Y e African Advlaory Committee `d not mean that the principles undcrlyin it w V ijriio consideration: h0\·/ever. ratification mist g0c:?a;:gli:°§°pl°d Pt were not mgm mentation. and tnth cnlcctil/¢ implc118. Triparrile consultation on que.t‘riott.t relat' - . The W0rkerS` lTI€¤'|b€i`5 €0ll$id€T€d it importariimti-Taingbgxlarlal labour `wandardl "ipaiiiia consultative machinery through which all question'; iciurlry Sh°“'d. h‘*"° mmiaiion and ratihcation of ILO instruments might be sysiciiaspg `° `h° l"“°l"’ by I-epresent3tiV€$ of the E0V€i’i`im€¤t, ¢|TI|3l0yCrs and wm-ku-; Cslcéuy considered member; pointed out that appropriate tripartite bodies aiiicadraui G°v€mm°'ll count;-ies; the I'€Dl’0S€m3tiV€$ of W0i'l<¢|'S` organisations on [hog! tsxtiéled m their to bring up questions relating to ILO standard; ° '°s "’°"° ["°° 119. lrlormation on international labour standard:. · Guys.-i-in-tent members and also of the Workers‘ membdris lisa; iiifei-xsiiqcfiieieral standards might be more widely ratified and more etTecrively implemenrigd if Oar ILO provided fuller information as to the exact nature of their requiretnenist e 120. Reporring procedures. Some Govemment members suggested that it would be desirable to reconsider the system of reporting on ILO instruments with a view to lightening the burden imposed on national administrations; the piesent system involved the supply of a large volume of information whose preparation was timeconsuming and whose usefulness was not always apparent. They considered that sirnplitication of the procedure might favour more ratitications. The Workers‘ members stated that copies of reports, which governments were required by the ILO Constitution to communicate to employers’ and workers' organisations, were not always received or were received only with considerable delay; they stressed the importance of full and prompt compliance with this obligation. 121. Seminars on national and international labour rtartdard:. The Committee considered that regional seminars to familiarise ollicials of labour ministries with questions relating to intemational labour standards (of which there had been four in Africa since 1964) had proved of value in ensuring better compliance with obligations in this field. Some Government members suggested that these activities should be intensified, or supplemented by fellowships. The Workers members suggested that similar seminars should also be organised for workers. 122. Supervision machinery. The Workers' members paid tribute to the supervision machinery established by the ILO for seeking to secure the implementation of its standards, and particularly to the Committee of Experts on the Application of Conventions and Recommendations, which was the impartial guardian of the letter and spirit of the International Labour Code. A Govemment member recalled that the Conference of African Labour Ministers had expressed the wish that the number of African members on the Committee of Experts be increased. Several Government members considered that the Committee of Experts tended to adopt an unduly strict approach, insisting on compliance with the letter of the law without suliicient account of actual conditions. They felt that in general the l.LO·s supervrsoi? bodies—such as the Committee of Experts, the Conference Committee and the Governing Body Committee on Freedom of Associatron—shou1d be very careful in criticising countries in relation to certain standards, and should take full account of explanations provided by govemments of the factual situation and. the intentions underlying the measures adopted at the national level.·It was recalled In tht$ HUT! that the Committee of Experts was a body of II1t‘.l¢p€¤d§¤t P¢t'$0;$m;-3 m of th¢ Conference Con-rr-nittee and the Goveming Body Committee ts; rgmhcd Association were tripartite bodies, and that all these bodies acco ngly 59

Ratification and implementation of Conventions in Africa their conclusions in full independence. One Government member stated that his Govemment acted on the basis that. when a Convention was ratthed. it must be rigorously implemented. 123. Direc: conrocrs. The Committee considered that the procedure of direct contacts between governments and the ILO to examine problems in the application of Conventions was useful in permitting the clearing up of misunderstandings and helping to Grid solutions. The Workers’ members urged Africancountrtes to avail t.hemselves of this procedure, which should include contacts with employers` and workers' organisations as well as with the government. They considered that the procedure should be used not only in regard to ratified Conventions, but also to examine difficulties in the ratification of Conventions and the discharge of obligations under articles 19 and 22 of the ILO Constitution. 124. Human fIghI.\` Convention:. The W0rkers' members urged all African governments to ratify the Conventions relating to fundamental human rights-that is, freedom of association and trade union rights (Conventions Nos. 87, 98 and 135), forced labour (Nos. 29 and 105), equal remuneration (No. 100), discrimination in employment (No. 111) and employment policy (No. 122). They observed that, in the light of the real situation, immense efforts were still required by countries and by the ILO to make these Conventions fully effective in Africa. They recalled that the First African Regional Conference had proclaimed the ratification and implementation ofthe basic human rights Conventions to be a matter of honour and prestige for African countries. This was still true for African countries today, since only on this basis could they Eight against discrimination and domination of peoples elsewhere in Africa. 125. Employment policy. The Workers’ members regretted that only ten African States had so far ratified Convention No. 122. They pointed out that the aim of this Convention coincided with that of the World Employment Programme. The fact that a country could not immediately ensure full employment was no reason for not ratifying the Convention, which required the adoption of measures aimed at promoting full employment; the greater the unemployment, the greater the need for measures to apply the Convention. In the light of these considerations and the discussion which the Committee had had earlier on employment policy, the Workers’ members considered that all African countries should ratify this Convention. One Govemment member observed that more research by the ILO in the field of employment would facilitate the application and ratification of the Convention. 126. Forced labour. The Committee noted that the Conventions relating to forced labour had been widely ratified by African countries, but that a number of problems still remained in their application. One Govemment member referred to the problem created where, in one part of the country, there was a shortage of labour while, in another, idle persons refused to work; he felt that the ILO should Provide guidance as to the manner i.n which to deal with such a situation. The Workers' members pointed out that compliance with the forced labour Conventions was closely linked. with thc implementation of the Employment Policy Convention glher human nghts Conventions. Tl1ey suggested that, if governments encountered _ Zloelsngndghis respect, it might be useful to have recourse to the procedure of Om; i;hSX¢g-zggglicy (tgt Sirs.: and standards}. The Workers‘ members noted that that it had bun ggunt gs a so far ratified Convention No. 117. ·They recalled Conference and mate'}; e in response to a request by the First African Regtonal mms in Aman C t l provisions had been drawn up with special regard for condtountnes. No major obstacles should stand in the way of ratification 80

Review by the Alrlean Advisory Committee this Convention. They considered that the ratilication of this Convention, ol` of forced labour Conventions, and ol` the Employment Policy Convention—all ol' ‘h°. h were directed at the well-bems of the pooulaiion as it whole—shou\d be gimed Tvlhéi, an governments. as an ¤¤l’l’•¤$l of lh¤ll’ d¢$ll'e to bring about balm-toed eeoriorriie gnd social development. 128 Labour inspection. One Government member observed that while a labour . upyale existed in hi$ Col-mu'Yr with POW¢!'$ GOlT¤Sp0nding lu [hose provided mspiec ILO Conventions, there WZS 3 $h0l’l-age of Stall and material resouroes and I-or-l·I:‘cs The W0l'i(Cl'$` m¢|'|`lb¢|’$ observed that Wilh0I.l! inspection there would be {acm I Hi,-itee of the observance of social legislation; accordingly, all countries should no-guihc ll,0 Conventions relating to labour inspection. including those applicable {amy - ulture and plantations. While a problem of resources might exist, they to agi';-ed that there was l’00m i`0l' Sel/ings On other less essential, or even non. ;;);i1tial, items of public expenditure.