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Unit 2: ILO and its Contribution in Labour Welfare and Social Security




          2.7 Difficulties in the Adoption of Conventions and                                   Notes
               Recommendations


          Conventions and Recommendations of ILO seek to prescribe and indicate internationally uniform
          minimum labour standards. The purpose is to see that the labour standards  in the Member
          countries are not below the ones prescribed by ILO. As the Member countries of ILO are at
          different stages of economic growth and industrial advancement, the capacity to maintain and
          preserve labour standards  differs from  country to  country,  depending  upon their  relative
          economic prosperity. Some of the countries are extremely poor, economically and technologically
          backward, therefore having, very  poor labour standards, and are incapable of securing any
          immediate improvement in the same. On the other hand, there are highly industrially advanced
          countries with national income sufficiently large enough to ensure equally high labour standards.
          There are many countries at the intermediate stage of economic development.
          This uneven economic  development on the world  scale presents  the main  hindrance to the
          adoption of a Convention or Recommendation, laying down a minimum labour standard. What
          may be too high for economically backward and poor countries may, perhaps, be too low for the
          rich  countries.  A  Convention  or  Recommendation  seeking  to  bring  about  a  significant
          improvement in the labour standards runs the risk of being unrelated to the prevailing labour
          standards and beyond the economic, and administrative capacity of many countries. A Convention
          or Recommendation has to gain acceptance from the member countries if it is to be effective in
          achieving its purpose. The Convention which seeks to provide really high labour standards will
          fail to secure acceptance and what may succeed in securing acceptance, may not, in reality, be
          able to prescribe high labour standards. It is a dilemma which has confronted ILO since its very
          inception.
          Thus, Conventions and Recommendations, if they are to be of real weight in the establishment
          of internationally uniform labour standards, "must strike an appropriate balance between the
          ideal and the immediately practicable and between precision and flexibility." It is creditable that
          ILO has been able to adopt 185 Conventions and 193 Recommendations, dealing with diverse
          aspects of labour in spite of contradictory pressures pulling in different directions.

          2.8 Problems of Ratification

          The process of evolving internationally uniform minimum labour standards does not end with
          the adoption  of a  Convention or  Recommendation. A  Convention has  to secure ratification
          from  the appropriate authorities  in the  member  states.  A country  ratifying  a  Convention
          undertakes an international obligation with other member states, to put into effect the provisions
          of the Convention by legislative or other appropriate measures. It is, therefore, pertinent here
          to examine the difficulties which are faced by some of the Member countries in ratifying ILO
          Conventions.
          As on January 1, 2002, there were 174 member states and 185 Conventions adopted by ILO. The
          average ratifications per country come to merely 35. Many countries have ratifications below
          the average of 35. There are a few countries each having less than 10 ratifications. France and
          Spain have ratified the maximum number of Conventions. None of the Conventions has succeeded
          in securing cent per cent ratification. The highest number of ratifications has been secured by
          Forced Labour Cons.(No.29) (No. 105), Freedom of Association and Protection of Right to Organise
          (No.87), Right  to Organise and Collective  Bargaining Con.(No.98)  and Equal  Remuneration
          Con.(No.100).
          The impact of ILO on international labour standards in a particular country should not be judged
          only by the number of ratifications that a country has secured. There are many countries which
          are in agreement with the principles incorporated in many of the Conventions and have sought



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