Decree No. 98 / 1947 Coll.
Decree on the Act of Amendment to the Constitution of the International Labour Organisation
Valid
Effective from 26.09.1946
98.
Decree of the Minister for Foreign Affairs
of 4 June 1947
on the Act amending the Constitution of the International Labour Organisation.
The General Assembly of the International Labour Organisation decided on 5 November 1945 at its 27th session at the Act amending the Constitution of the International Labour Organisation, the English and French texts of which are authentic are annexed.
The Constitutional National Assembly approved the Act on 13 September 1946. The Act was ratified by the President of the Republic on 17 September 1946 and the instrument of ratification was deposited in the archives of the International Labour Organisation on 19 March 1947.
The Act became effective in accordance with Article 6 (2) thereof on 26 September 1946. On that date, the Act was ratified or adopted by: Afghanistan, Australia, Bolivia, Brasilia, Costa Rica, Czechoslovakia, China, Denmark, Dominican Republic, Ecuador, Egypt, Ethiopia, Finland, France, Greenland, Haiti, India, Iraq, Iran, Ireland, Italy, South Africa Union, Canada, Colombia, Luxembourg, Hungary, Mexico, Netherlands, Norway, New Zealand, Peru, Portugal, Greece, Siam, United Kingdom of Great Britain and Northern Ireland, Sweden, Switzerland, Turkey and Venezuela.
Original version of the Constitution The International Labour Organisation is declared in the Versailles Peace Treaty as part XIII of this Treaty under Articles 387 to 427 (No 217 / 1921 Coll.). However, in the Act, these articles are listed under headings 1 to 41.
Masaryk v. r.
Annex to Decree No 98 / 1947 Coll.
(Translation)
Act
amending the Constitution
International labor organisation.
General Assembly International Labour Organisation
convened by the Board of Governors of the International Labour Office to Paris at its 27th session on 15 October 1945,
and the decision to make a resolution without delay on a few amendments to the Constitution of the International Labour Organisation concerning very urgent issues contained in the fourth item of the agenda of the sitting shall be adopted on 5 November 1945 at the following Act containing amendments to the Constitution of the International Labour Organisation, which will be called the Act of Amendment to the Constitution of the International Labour Organisation of 1945:
In the last paragraph of the introduction to the Constitution of the Organisation, the words "agreed" on this Constitution of the International Labour Organisation. "
1. The current paragraph 2 of Article 1 of the Constitution of the Organisation will be replaced by the following paragraph:
2. The members of the International Labour Organisation shall be those States which were members of the Organisation on 1 November 1945 and those other States which become members in accordance with paragraphs 3 and 4 of this Article.
3. Any original member of the United Nations and any State that becomes a member of the United Nations by a resolution of the General Assembly pursuant to the provisions of the Charter may become a member of the International Labour Organisation by informing the Director of the International Labour Office that it formally accepts the obligations arising out of the Constitution of the International Labour Organisation.
4. The General Assembly of the International Labour Organisation may also accept States as members of the Organisation by voting, if the proposal is adopted by a two-thirds majority of delegates present at the meeting, including two thirds of those present and voting government delegates. Such acceptance will take effect once the new member's government has notified the Director of the International Labour Office that it formally accepts commitments under the Constitution of the Organisation.
5. No member of the International Labour Organisation can leave the organisation without announcing his intention to head the International Labour Office. Such notification shall take effect two years after it has been delivered to the Director, provided that at that time the member has fulfilled all of his financial obligations arising from his membership. Where a member has ratified an international labour agreement, its withdrawal shall not affect the validity of the obligations arising from it or associated with it for the period laid down in the Convention.
6. Where a State has ceased to be a member of the Organisation, the provisions of paragraph 3 shall apply to its re-admission, after paragraph 4 of this Article.
The current text of Article 13 of the Organisation Constitution will be replaced by the following text:
1. International labour organisation can conclude financial and budgetary arrangements with the United Nations that are appropriate.
2. Until such arrangements have been concluded or when such arrangements have not been concluded,
(a) each member shall cover the travel and subsistence costs of its delegates and their advisers, as well as its representatives, who shall attend meetings of the Assembly following the case of the Administrative Board;
(b) all other costs incurred by the International Labour Office and the meetings of the Assembly or Management Board shall be borne by the Director of the International Labour Office from the general funds of the International Labour Organisation;
(c) the Assembly shall decide on the arrangements for the approval, use and coverage of the budget of the International Labour Organisation by a two-thirds majority of the votes cast by the delegates present, and shall include provisions that the budget and the arrangements for the schedule of expenditure between the members of the Organisation shall be approved by the Committee of Government Representatives.
3. The costs of the International Labour Organisation shall be borne by members in accordance with the applicable provisions of paragraph 1 or 2 (c) of this Article.
4. A member of the Organisation who is late in paying his contributions to the Organisation shall not be entitled to vote in the Assembly, in the Management Board, in any committee or in the election of the members of the Management Board if the sum of his arrears is equal to or greater than the sum of the contributions to which he is required for the previous two full years. However, the Assembly may allow such a member to vote if it is convinced that the non-payment was due to circumstances on which the member could not have an influence.
5. The Director of the International Labour Office shall be responsible to the Administrative Board for the proper use of the funds of the International Labour Organisation.
The current text of Article 36 of the Organisation Constitution will be replaced by the following text:
Amendments to this Constitution adopted by the Assembly by a two-thirds majority of the votes cast by the delegates present shall take effect as soon as they are ratified or adopted by two-thirds of the members of the Organisation, including five of the eight members who are represented on the Board of Directors as members of the most industrially important in accordance with the provisions of paragraph 3 of Article 7 of this Constitution.
The three copies of the Act amending the Constitution will be signed officially by the President of the Assembly and the Director of the International Labour Office. Of these, one will be stored in the archives of the International Labour Office, one with the Secretary General of the League of Nations and one with the Secretary General of the Organisation of the United Nations. The Director shall deliver a certified copy of the Act to each member of the International Labour Organisation.
1. The formal ratification or adoption of this Act amending the Constitution shall be notified to the Director of the International Labour Office, who shall inform the members of the Organisation that he has received them.
2. This Act amending the Constitution will take effect under the existing provisions of Article 36 of the International Labour Organisation Constitution. If the Council of the Nations Society were to expire before this Act came into force, it would become effective by being ratified or adopted by three quarters of the members of the Organisation.
3. Once this Act becomes effective, the changes contained therein will become effective as changes to the Constitution of the International Labour Organisation.
4. As soon as this Act becomes effective, the Director of the International Labour Office shall notify all members of the International Labour Organisation, the Secretary-General of the Organisation of the United Nations and all States that have signed the Charter of the United Nations.
This is the authentic version of the Act amending the Constitution of the International Labour Organisation of 1945, duly adopted by the General Assembly of the International Labour Organisation on 5 November 1945 at its 27th session held in Paris.
The English and French texts of this Act amending the Constitution have the same weight.
We added our signatures on 7 November 1945.
Chairman of the Assembly:
A. Parodi.
Deputy Director
International Labour Office:
Edward J. Phelan.
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Regulation Information
| Citation | Decree No. 98 / 1947 Coll., on the Act of Amendment to the Constitution of International Labour Organisation |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.06.1947 |
|---|---|
| Effective from | 26.09.1946 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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