This responsibility is exercised in collaboration with the Department of Labor and other interested agencies of the Government. Participation. The United States was actively concerned in the establishment of the ILO in 1919 and furnished the chairman of the commission which drafted its constitution in the person of Samuel Gompers of the American Federation of Labor. Even prior to becoming a member, the United States cooperated in exchanging information and, beginning in the 1930's, sent official observers to attend International Labor Conferences. Since joining the ILO in 1934, the United States has played a prominent part in its activities and has contributed annually to its support. Representatives of the Government, workers, and employers have all held seats on the ILO's Governing Body. Delegates from the United States to the annual Conference are appointed by the President. Members of United States Delegations to other ILO meetings are generally appointed by the Department of State. Owing to its Federal system of Government, the United States has not ratified many of the draft conventions. In March 1940 five conventions having to do with maritime questions, and thus within the competence of the Federal authorities, were ratified. Only three of these conventions are in force in the United States, since the number of ratifications necessary with respect to the other two have not been registered by other nations. These three conventions in effect set standards covering the minimum requirement of professional capacity for masters and officers on board merchant ships; the liability of the shipowner in case of sickness, injury, or death of seamen; and the fixing of the minimum age for the admission of children to employment at sea. In June 1948 the United States ratified a convention which provided for the revision of the final articles of ILO conventions, bringing them into line with the provisions of the new ILO Consituation.12 Under the amended ILO Constitution additional responsibilities are placed on Federal states, including the United States. Conventions and recommendations on questions falling within the jurisdiction of State and territorial governments rather than within the Federal jurisdiction must now be submitted to the States and territories by the Federal Government. RELATIONS WITH OTHER ORGANIZATIONS In addition to the agreement under which the ILO is recognized as a specialized agency of the United Nations, formal agreements have been concluded by the ILO with the FAO, UNESCO, and WHO, which 12 See Basic Texts and Publications, p. 235. outline methods and machinery to insure the closest coordination on questions of common concern. The system of reciprocal representation has been fully utilized by the ILO. The United Nations and the specialized agencies have been represented at many meetings convened by the ILO. In carrying out its various programs the ILO cooperates closely with all United Nations agencies. BASIC TEXTS AND PUBLICATIONS United States Participation: 49 Stat. 2712; 48 Stat. 1182 (22 U.S.C. 271, 272) ; and 62 Stat. 1151 (22 U.S.C. Supp. II, Sections 271, note, 272a). International Organizations Immunities Act (59 Stat. 669; 8 U.S.C. 203, 215; 22 U.S.C. 288 a, b, c, d, e, f, note; 26 U.S.C. 116, 1400, 1426, 1600, 1607, and notes, 1621, 3466, 3469, 3475, 3797; 42 U.S.C. 401, 409, 1001, 1101, notes) made applicable to the International Labor Organization by Executive Order 9698, dated February 19, 1946. U.S. Acceptance of Instrument of Amendment to ILO Constitution, 1946. 62 Stat. 1151. U.S. Department of State. International Labor Organization Amendment to the Constitution. Instrument of Amendment adopted at Montreal, October 9, 1946, by the General Conference of the International Labor Organization. Acceptance by the United States of America deposited with the International Labor Office August 2, 1948. Treaties and Other International Acts Series 1868. Pub. 3436. Washington, Government Printing Office, 1949. 104 pp. International Labor Organization: Membership of the United States. Treaty Series 874. Washington, Government Printing Office, 1934. (n. b. Constitution of the International Labor Organization) 49 Stat. 2712; (22 U.S.C. 271, 272) Officers' Competency Certificates Convention, 1936: Convention Between the United States and Other Members of the International Labor Organization. Treaty Series 950. Washington, Government Printing Office, 1939. (54 Stat. 1683) Shipowners' Liability (Sick and Injured Seamen) Convention, 1936: Convention Between the United States and Other Members of the International Labor Organization. Treaty Series 951. Washington, Government Printing Office, 1940. (54 Stat. 1693) Minimum Age (Sea) Convention (Revised), 1936: Convention Between the United States and Other Members of the International Labor Organization. Treaty Series 952. Washington, Government Printing Office, 1940. (54 Stat. 1705) Revision Convention, 1946: Convention Between the United States and Other Governments Adopted at Montreal, October 9, 1946. Treaties and Other International Acts Series 1810. Pub. 3325. Washington, Government Printing Office, 1948. (62 Stat. pt. 2-). International Labor Office. Constitution and Rules of the International Labor Organization. Conference edition. Geneva, 1949, 75 pp. Report of the ILO to the United Nations. First, Geneva, 1947; vol. I, 134 pp. vol. II. 396 pp. Second, Geneva, 1948; 138 pp. Third, Geneva, 1949, 192 pp. Proceedings of the 1919 International Labour Conference. Geneva. Official Bulletin. Geneva. 1919 International Labour Review. Monthly. Geneva. 1921– Industry and Labor. Bi-weekly. Published 1922-40 as Industrial and Labor Information. During war years incorporated in International Labor Review. Geneva. 1949. Legislative Series. Geneva. (Every 2 Months) 1919- International Penal and Penitentiary Obserweg 12, Bern, Switzerland ORIGIN AND DEVELOPMENT At the International Penitentiary Congress held at London in 1872, a permanent international commission was established to provide continuing machinery for subsequent congresses. The constitutional regulations which set up the commission in essentially its present form were adopted in 1880, confirmed in 1886, and revised in 1926, 1929, 1946, and 1948. The Commission was originally called the International Prison Commission, the name being changed to the International Penal and Penitentiary Commission (IPPC) in 1929. Since 1946 there has been considerable discussion, both within the Commission and within the interested bodies of the United Nations, of the relationship of the work of the Commission to that of a similar nature performed within the framework of the latter organization. (See Relations with Other International Organizations p. 238.) Eleven congresses have been convened, the last in Berlin in 1935. The next is scheduled to be held in the Netherlands the latter part of the summer of 1950. The most recent meeting of the IPPC was held in Bern in August 1949. MEMBERSHIP Membership in the IPPC is limited to delegates of interested governments. There is no formal instrument for ratification or acceptance, governments being admitted by a two-thirds majority vote of the Commission. Members as of June 30, 1949, are Argentina, Austria, Belgium, Bulgaria, Czechoslovakia, Denmark, Egypt, Finland, France, Greece, Hungary, Ireland, Italy, Japan (relations suspended), Luxembourg, New Zealand, Norway, the Netherlands, Poland, Portugal, Rumania, Sweden, Switzerland, the Union of South Africa, the United Kingdom, and the United States. PURPOSE, POWERS, AND FUNCTIONS The purpose of the Commission is to promote exchanges of views among responsible prison officials of different countries in order to develop standards and render advice with regard to development of progressive methods of preventing crime and treating delinquents. The preparation of studies and the adoption of standards constitutes the chief work of the Commission. STRUCTURE The Commission is composed of Government representatives who are experts in penology. Each State has one representative and one vote. An Executive Committee, consisting of the president, the five vice presidents, the treasurer, and the Secretary General of the Commission, performs interim functions between meetings of the Commission. The Secretary General, who is one of the members of the Commission, is the chief administrative officer of the Permanent Office or secretariat. He, like the other members of the Executive Committee, is elected at the end of each of the quinquennial congresses but may be re-elected. The present Secretary General is Ernest Delaquis. The Commission meets normally every 2 years; but it may meet more frequently. The Executive Committee ordinarily meets more frequently than the Commission. The International Penal and Penitentiary Congresses are convened normally at 5-year intervals. The Commission and Executive Committee convene at Bern. The congresses are held in different countries. French and English are the official languages of the Commission, and the documents of the Commission are issued in both. FINANCES Budget. The annual budget is approved by the Commission. The budget for the calendar year 1948 amounted to 85,450 Swiss francs (approximately $19,965). Expenses are estimated at 121,400 Swiss francs (approximately $28,365) for the calendar year 1949. The Commission's annual revenue consists mainly of member quotas. The organization also has reserve funds which it has utilized to meet expenditures. Members' Quotas. Members' contributions are fixed by the constitutional regulations at 170 Swiss francs (about $39.64) per million inhabitants. Quotas of all members presently total about 70,000 Swiss francs (approximately $16,350). UNITED STATES RELATIONS Authorization. The United States became an adhering member of the International Prison Commission in 1896 on the basis of an exchange of notes between the Secretary of the Commission and the Secretary of State, the latter acting under the Executive authority to conduct the foreign relations of the United States. An act of Congress of February 28, 1913, authorized the United States to participate in the Commission as an adhering member.13 Payments. United States contributions are paid from funds appropriated for this purpose to the Department of State. For the United States fiscal years 1947 through 1949 the United States quota was 20,740 Swiss francs (approximately $4,840). For the fiscal year 1950, its quota is 22,384 Swiss francs (approximately $5,230) or about 32 percent of total contributions. Agencies Chiefly Concerned. Responsibility for relations with the Commission rests with the Department of State, which works in this respect in close cooperation with the Bureau of Prisons, Department of Justice, and with the Commissioner on the part of the United States. Participation. United States representation in the Commission is maintained by the Commissioner on the part of the United States, designated by the President, who is also President of the Commission. He is Sanford Bates, Commissioner, Department of Institutions and Agencies, State of New Jersey. The United States was instrumental in the establishment of the Commission and has taken an active part in its affairs, especially since the close of World War II. RELATIONS WITH OTHER INTERNATIONAL ORGANIZATIONS By resolution adopted October 16, 1948, the principal international organizations concerned with the prevention of crime and treatment of offenders agreed on the various aspects of the field with which each of them was primarily concerned and established a committee to further the ends of their cooperative relationship and to promote cooperation with the United Nations. In addition to the International Penal and Penitentiary Commission, the following organizations agreed to the resolution: International Labor Organization, World Health Organization, United Nations Educational, Scientific and Cultural Organization, International Association of Penal Law, Nordic Association of Criminologists, International Bureau for the Unification of Penal Law, International Criminal Police Commission, International Institute of Statistics, International Law Association, International Union for Child Welfare. (See United Nations document E/CN.5/104.) On August 10, 1949, the United Nations Economic and Social Council, having reviewed a resolution passed by the IPPC at its August session at Bern recommending certain methods of cooperation with the United Nations, adopted a resolution requesting the Secretary 18 See Basic Texts and Publications, p. 239. |