Section 121p. 121

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

nullifying

or

impairing

equality

of

opportunity

or

treatment in employment or occupation;

(b) Such other distinction, exclusion or preference which

has the effect of nullifying or impairing equality of

opportunity or treatment in employment or occupation

as may be determined by the Member concerned after

consultation with representative employers' and workers'

organisations,

where

such

exist,

and

with

other

appropriate bodies.

2. Any distinction, exclusion or preference in respect of a

particular

job

based

on

the

inherent

requirements

thereof shall not be deemed to be discrimination.

3.

For

the

purpose

of

this

Convention

the

terms

"employment"

and

"occupation"

include

access

to

vocational

training,

access

to

employment

and

to

particular

occupations, and terms and conditions of

employment.

ARTICLE 2

Each Member for which this Convention is in force

undertakes

to declare and pursue a national policy

designed to promote, by methods appropriate to national

conditions and practice, equality of opportunity and

treatment in respect of employment and occupation,

with a view to eliminating any discrimination in respect

thereof.

ARTICLE 3

Each Member for which this Convention is in force

undertakes,

by

methods

appropriate

to

national

conditions and practice:

(a) To seek the co-operation of employers' and workers'

organisations and other appropriate bodies in promoting

the acceptance and observance of this policy;

(b)

To

enact

such legislation and to promote such

educational programmes as may be calculated to secure

the acceptance and observance of the policy;

(c) To repeal any statutory provisions and modify any

administrative

instructions

or

practices

which

are

inconsistent with the policy;

(d) To pursue the policy in respect of employment under

the direct control of a national authority;

(e) To ensure observance of the policy in activities of

vocational guidance, vocational training and placement

services under the direction of a national authority;

(f) To indicate in its annual reports on the application of

the Convention the action taken in pursuance of the

policy and the results secured by such action.

ARTICLE 4

Any measures affecting an individual who is justifiably

suspected of, or engaged in, activities prejudicial to the

security

of

the

State

shall

not

be

deemed

to

be

discrimination, provided that the individual concerned

shall have the right to appeal to a competent body

established in accordance with national practice.

ARTICLE 5

1. Special measures of protection or assistance provided in

other Conventions or Recommendations adopted by the

International Labour Conference shall not be deemed to

be discrimination.

2.

Any

Member

may,

after

consultation

with

representative

employers'

and workers' organisations,

where such exist, determine that other special measures

designed to meet the particular requirements of persons

who, for reasons such as sex, age, disablement, family

responsibilities or social or cultural status, are generally

recognised to require special protection or assistance,

shall not be deemed to be discrimination.

ARTICLE 6

Each Member which ratifies this Convention undertakes

to apply it to non-metropolitan territories in accordance

with

the

provisions

of

the

Constitution

of

the

International Labour Organisation.

ARTICLE 7

The

formal

ratifications

of

this

Convention shall be

communicated

to

the

Director-General

of

the

International Labour Office for registration.

ARTICLE 8

1. This Convention shall be binding only upon those

Members of the International Labour Organisation whose

ratifications

have

been

registered

with

the

Director-General.

2. It shall come into force twelve months after the date on

which

the

ratifications

of

two Members have been

registered with the Director General.

3. Thereafter, this Convention shall come into force for any

Member twelve months after the date on which its

ratification has been registered.

ARTICLE 9

1. A Member which has ratified this Convention may

denounce it after the expiration of ten years from the

date on which the Convention first comes into force, by

an act communicated to the Director-General of the

International

Labour

Office

for

registration.

Such

denunciation shall not take effect until one year after the

date on which it is registered.

2. Each Member which has ratified this Convention and

which does not, within the year following the expiration

of the period of ten years mentioned in the preceding

paragraph, exercise the right of denunciation provided for

in this article, will be bound for another period often years

and, thereafter, may denounce this Convention at the

expiration of each period of ten years under the terms

provided for in this article.

ARTICLE 10

1. The Director-General of the International Labour Office

shall notify all Members of the International Labour

Organisation of the registration of all ratifications and

denunciations communicated to him by the Members of

the Organisation.

2. When notifying the Members of the Organisation of

the registration of the second ratification communicated

to him, the Director-General shall draw the attention of

the Members of the Organisation to the date upon which

the Convention will come into force.

ARTICLE 11

The Director-General of the International Labour Office

shall communicate to the Secretary-General of the United

Nations for registration in accordance with Article 102 of

the Charter of the United Nations full particulars of all

ratifications and acts of denunciation registered by him in

accordance with the provisions of the preceding articles.

ARTICLE 12

At such times as it may consider necessary the Governing

Body of the International Labour Office shall present to

the General Conference a report on the working of this

Convention and shall examine the desirability of placing

on the agenda of the Conference the question of its

revision in whole or in part.

ARTICLE 13

1.

Should

the

Conference

adopt

a

new

Convention

revising this Convention in whole or in part, then, unless

the new Convention otherwise provides:

(a) The ratification by a Member of the new revising

Convention

shall

ipso

jure

involve

the

immediate

denunciation of this Convention, notwithstanding the

provisions of article 9 above, if and when the new revising

Convention shall have come into force;

(b) As from the date when the new revising Convention

comes into force this Convention shall cease to be open

to ratification by the Members.

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