Notes
1 For example, an ILO report investigating the labour
situation in Spain was an important factor leading to
the adoption of a new trade union law in Spain in
1977. This national law incorporated provisions from
the ILO’s core standards on freedom of association
and the right to organize (Convention Nos 87 and 98),
and Spain subsequently ratified Convention No. 87
on Freedom of Association and the Right to Organize
later that year. See International Labour Standards: A
workers’ education handbook, fourth (revised) edition, Geneva, ILO, 1998, p. 107.
2 Unless otherwise indicated, this Handbook will use
the term ‘indigenous peoples’. The ILO refers to
‘indigenous and tribal peoples’, and the UN has yet to
decide its preferred term with UN documents using
both ‘indigenous people’ and ‘indigenous peoples’.
However, indigenous peoples have been very clear in
indicating that they prefer ‘indigenous peoples’ and
MRG will do likewise except when referring to ILO
Conventions and documents, when the ILO term will
be used.
3 For more details see International Labour Standards:
A workers’ education handbook, pp. 3–8.
4 This was the Annex to the Treaty of Versailles (chapter XIII). See Cairola E. and Chiarabini, A., International Labour Standards: A Trade Union Training
Guide, International Labour Office-Geneva and International Training Centre of the ILO-Turin, 1998, p.
53.
5 The ratification process is not complete until the ILO
receives a letter or other document, i.e. the instrument
of ratification, sealed and signed by the relevant
national authority. For example, the Argentine
National Congress authorized ratification of ILO
Convention No. 169 on Indigenous and Tribal Peoples
in March 1992 (Act No. 24,071) but the formal letter
of ratification was sent to the ILO in July 2000. Since
Argentina had ratified the earlier Convention No. 107
dealing with indigenous and tribal populations, this
Convention was applicable in the country during the
interim period, and the ILO supervisory bodies continued to monitor its application in Argentina.
6 This was recently reiterated by the Tripartite Committee set up to examine an Article 24 representation
alleging non-observance by Denmark of the Indigenous and Tribal Peoples Convention (1989) (No.
169). The Committee clarified that ‘no reservations to
the ratification of ILO Conventions are admissible
…’, referring to a declaration made by the Government of Denmark when ratifying the Convention. For
more details see Governing Body document
GB.280/18/5 of March 2001.
7 For example, ratification of Convention No. 169 on
Indigenous and Tribal Peoples (1989) amounts to an
automatic denunciation of the earlier Convention No.
107 on Indigenous and Tribal Populations (1957),
because Convention No. 169 revises Convention No.
107. Usually, denunciations can be done every 10
years but this may vary. Most Conventions have a
provision describing when they can be denounced.
8 For more details, see Handbook of Procedures Relating to International Labour Conventions and Recommendations, International Labour Standards Department, Geneva, ILO, Rev. 1/1995 (pp. 3–6). This publication is also available online under ILOLEX at
www.ilo.org
9 See International Labour Standards: A Trade Union
Training Guide, p. 104.
10 The ILO numbers its standards, both Conventions and
Recommendations, as they are adopted. For simplification purposes, the number of the Convention is
used for easy reference. This Handbook will use both
the names and the numbers of the Conventions.
11 The main body responsible for looking into the question of how member states are fulfilling their obligations under ILO Conventions is the Committee of
Experts on the Application of Conventions and Recommendations. Another one is the ILO Conference
Committee on the Applications of Standards. See
later under ch. V for more details.
12 In keeping with the perception prevailing at the time
that women needed special protection, Convention
No. 4 on Night Work (Women) (1919) banned women
from working at night, with the exception of family
businesses. This was subsequently revised in 1934
and again in 1948, and the prohibition may be lifted
during emergencies or national crises, but only after
consultation with employers’ and workers’ organizations. The Conventions on this subject are now considered to be outdated except in very special circumstances.
13 Report of the Committee of Experts 2001, p. 477.
14 As note 13, p. 467.
15 General Survey on Equality in Employment and
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