17. Colombia (Republic of) 18. Portuguese Colonies 48. Mexico 49. Monaco 50. Nicaragua 51. Norway 52. New Zealand 53. Pakistan 54. Panama 55. Paraguay 56. Netherlands, Curacao & Surinam 57. Peru 58. Philippines (Republic of the) 60. Portugal 19. Colonies, Protectorates, Overseas 59. Poland (Republic of) 20. Colonies, Protectorates and Over seas 61. French Protectorates of Morocco and Tunisia 62. People's Federal Popular Republic of Yugoslavia public Territories under French 63. The Ukrainian Soviet Socialist Re Mandate 21. Belgian Congo and Territories of 64. Southern Rhodesia Ruanda Urundi 43. THE CONSTITUTION OF THE INTERNATIONAL LABOUR ORGANISATION AS AMENDED BY THE CONSTITUTION OF THE INTERNATIONAL LABOUR ORGANISATION INSTRUMENT OF AMENDMENT, OCTOBER 9, 1946 1 PREAMBLE 1 Whereas universal and lasting peace can be established only if it is based upon social justice; And whereas conditions of labour exist involving such injustice, hardship and privation to large numbers of people as to produce unrest so great that the peace and harmony of the world are imperilled; and an improvement of those conditions is urgently required: as, for example, by the regulation of the hours of work, including the establishment of a maximum working day and week, the regulation of the labour supply, the prevention of unemployment, the provision of an adequate living wage, the protection of the worker against sickness, disease and injury arising out of his employment, the protection of children, young persons and women, provision for old age and injury, protection of the interests of workers when employed in countries other than their own, recognition of the principle of equal remuneration for work of equal value, recognition of the principle of freedom of association, the organisation of vocational and technical education and other measures; Whereas also the failure of any nation to adopt humane conditions of labour is an obstacle in the way of other nations which desire to improve the conditions in their own countries; The High Contracting Parties, moved by sentiments of justice and humanity as well as by the desire to secure the permanent peace of the world, and with a view to attaining the objectives set forth in this Preamble, agree to the following Constitution of the International Labour Organisation: CHAPTER I-ORGANISATION ARTICLE 1 1. A permanent organisation is hereby established for the promotion of the objects set forth in the Preamble to this Constitution and in the Declaration concerning the aims and purposes of the International Labour Organisation adopted at Philadelphia on 10 May 1944 the text of which is annexed to this Constitution. 2. The Members of the International Labour Organisation shall be the States which were Members of the Organisation on 1 November 1945, and such other States as may become Members in pursuance of the provisions of paragraphs 3 and 4 of this Article. 3. Any original Member of the United Nations and any State admitted to membership of the United Nations by a decision of the General Assembly in accordance with the provisions of the Charter 1 The Constitution of the International Labour Organisation..., International Labor Office, Washington, D. C., Nov. 1947. Joint Resolution of the Congress, approved June 19, 1934, authorized the President to accept membership for the United States Government in the International Labor Organization, and his acceptance was officially announced Aug. 20, 1934, as effective on that day. The amended constitution was approved by the United States on June 30, 1948, and United States ratification was deposited on Aug. 2, 1948. The protocol bringing into force the agreement establishing official relationship between the ILO and the United Nations, which was approved by the General Assembly, was signed Dec. 20, 1946. may become a Member of the International Labour Organisation by communicating to the Director-General of the International Labour Office its formal acceptance of the obligations of the Constitution of the International Labour Organisation. 4. The General Conference of the International Labour Organisation may also admit Members to the Organisation by a vote concurred in by two-thirds of the delegates attending the session, including two-thirds of the Government delegates present and voting. Such admission shall take effect on the communication to the DirectorGeneral of the International Labour Office by the Government of the new Member of its formal acceptance of the obligations of the Constitution of the Organisation. 5. No Member of the International Labour Organisation may withdraw from the Organisation without giving notice of its intention so to do to the Director-General of the International Labour Office. Such notice shall take effect two years after the date of its reception. by the Director-General, subject to the Member having at that time fulfilled all financial obligations arising out of its membership. When ↑ Member has ratified any International Labour Convention, such withdrawal shall not affect the continued validity for the period provided for in the Convention of all obligations arising thereunder or relating thereto. 6. In the event of any State having ceased to be a Member of the Organisation, its re-admission to membership shall be governed by the provisions of paragraph 3 or paragraph 4 of this Article as the case may be. ARTICLE 2 The permanent organisation shall consist of: (a) a General Conference of representatives of the Members; (b) a Governing Body composed as described in Article 7; and (c) an International Labour Office controlled by the Governing Body. ARTICLE 3 1. The meetings of the General Conference of representatives of the Members shall be held from time to time as occasion may require, and at least once in every year. It shall be composed of four representatives of each of the Members, of whom two shall be Government delegates and the two others shall be delegates representing respectively the employers and the workpeople of each of the Members. 2. Each delegate may be accompanied by advisers, who shall not exceed two in number for each item on the agenda of the meeting. When questions specially affecting women are to be considered by the Conference, one at least of the advisers should be a woman. 3. Each Member which is responsible for the international relations of non-metropolitan territories may appoint as additional advisers to each of its delegates: (a) persons nominated by it as representatives of any such territory in regard to matters within the self-governing powers of that territory; and (b) persons nominated by it to advise its delegates in regard to matters concerning non-self-governing territories. 4. In the case of a territory under the joint authority of two or more Members, persons may be nominated to advise the delegates of such Members. 5. The Members undertake to nominate non-Government delegates and advisers chosen in agreement with the industrial organisations, if such organisations exist, which are most representative of employers or workpeople, as the case may be, in their respective countries. 6. Advisers shall not speak except on a request made by the delegate whom they accompany and by the special authorisation of the President of the Conference, and may not vote. 7. A delegate may by notice in writing addressed to the President appoint one of his advisers to act as his deputy, and the adviser, while so acting, shall be allowed to speak and vote. 8. The names of the delegates and their advisers will be communicated to the International Labour Office by the Government of each of the Members. 9. The credentials of delegates and their advisers shall be subject to scrutiny by the Conference, which may, by two-thirds of the votes cast by the delegates present, refuse to admit any delegate or adviser whom it deems not to have been nominated in accordance with this Article. ARTICLE 4 1. Every delegate shall be entitled to vote individually on all matters which are taken into consideration by the Conference. 2. If one of the Members fails to nominate one of the non-Government delegates whom it is entitled to nominate, the other non-Government delegate shall be allowed to sit and speak at the Conference, but not to vote. 3. If in accordance with Article 3 the Conference refuses admission to a delegate of one of the Members, the provisions of the present Article shall apply as if that delegate had not been nominated. ARTICLE 5 The meetings of the Conference shall, subject to any decisions which may have been taken by the Conference itself at a previous meeting, be held at such place as may be decided by the Governing Body. ARTICLE 6 Any change in the seat of the International Labour Office shall be decided by the Conference by a two-thirds majority of the votes cast by the delegates present. ARTICLE 7 1. The Governing Body shall consist of thirty-two persons: Sixteen representing Governments, Eight representing the employers, and Eight representing the workers. 2. Of the sixteen persons representing Governments, eight shall be appointed by the Members of chief industrial importance, and eight shall be appointed by the Members selected for that purpose by the Government delegates to the Conference, excluding the delegates of the eight Members mentioned above. Of the sixteen Members represented, six shall be non-European States. 3. The Governing Body shall as occasion requires determine which are the Members of the Organisation of chief industrial importance and shall make rules to ensure that all questions relating to the selection of the Members of chief industrial importance are considered by an impartial committee before being decided by the Governing Body. Any appeal made by a Member from the declaration of the Governing Body as to which are the Members of chief industrial importance shall be decided by the Conference, but an appeal to the Conference shall not suspend the application of the declaration until such time as the Conference decides the appeal. 4. The persons representing the employers and the persons representing the workers shall be elected respectively by the employers' delegates and the workers' delegates to the Conference. Two employers' representatives and two workers' representatives shall belong to non-European States. 5. The period of office of the Governing Body shall be three years. If for any reason the Governing Body elections do not take place on the expiry of this period, the Governing Body shall remain in office until such elections are held. 6. The method of filling vacancies and of appointing substitutes and other similar questions may be decided by the Governing Body subject to the approval of the Conference. 7. The Governing Body shall, from time to time, elect from its number a Chairman and two Vice-Chairmen, of whom one shall be a person representing a Government, one a person representing the employers, and one a person representing the workers. 8. The Governing Body shall regulate its own procedure and shall fix its own times of meeting. A special meeting shall be held if a written request to that effect is made by at least twelve of the representatives on the Governing Body. ARTICLE 8 1. There shall be a Director-General of the International Labour Office, who shall be appointed by the Governing Body, and, subject to the instructions of the Governing Body, shall be responsible for the efficient conduct of the International Labour Office and for such other duties as may be assigned to him. 2. The Director-General or his deputy shall attend all meetings of the Governing Body. ARTICLE 9 1. The staff of the International Labour Office shall be appointed by_the_Director-General under regulations approved by the Governing Body. 2. So far as is possible with due regard to the efficiency of the work of the Office, the Director-General shall select persons of different nationalities. 3. A certain number of these persons shall be women. 4. The responsibilities of the Director-General and the staff shall be exclusively international in character. In the performance of their duties, the Director-General and the staff shall not seek or |