U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1

59–118

" ! SENATE 105TH CONGRESS

2d Session

TREATY DOC.

1998

105–45

ILO CONVENTION (NO. 111) CONCERNING

DISCRIMINATION (EMPLOYMENT AND OCCUPATION)

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

ILO CONVENTION (NO. 111) CONCERNING DISCRIMINATION (EMPLOYMENT AND OCCUPATION), ADOPTED BY THE INTERNATIONAL LABOR CONFERENCE AT ITS 42ND SESSION IN GENEVA ON JUNE 25, 1958

MAY 18, 1998.—Convention was read the first time and, together with

the accompanying papers, referred to the Committee on Foreign Relations and ordered to be printed for the use of the Senate.

(III)

LETTER OF TRANSMITTAL

THE WHITE HOUSE, May 18, 1998.

To the Senate of the United States:

With a view to receiving the advice and consent of the Senate to

ratification, I transmit herewith a certified copy of the Convention

(No. 111) Concerning Discrimination (Employment and Occupation), adopted by the International Labor Conference at its 42nd

Session in Geneva on June 25, 1958. Also transmitted is the report

of the Department of State, with a letter dated January 6, 1997,

from then Secretary of Labor Robert Reich, concerning the Convention.

This Convention obligates ratifying countries to declare and pursue a national policy aimed at eliminating discrimination with respect to employment and occupation. As explained more fully in the

letter from Secretary Reich, U.S. law and practice fully comport

with its provisions.

In the interest of clarifying the domestic application of the Convention, my Administration proposes that two understandings accompany U.S. ratification.

The proposed understandings are as follows:

The United States understands the meaning and scope

of Convention No. 111 in light of the relevant conclusions

and practice of the Committee of Experts on the Application of Conventions and Recommendations which have

been adopted prior to the date of U.S. ratification. The

Committee’s conclusions and practice are, in any event,

not legally binding on the United States and have no force

and effect on courts in the United States.

The United States understands that the federal nondiscrimination policy of equal pay for substantially equal

work meets the requirements of Convention 111. The

United States further understands that Convention 111

does not require or establish the doctrine of comparable

worth with respect to compensation as that term is understood under United States law and practice.

These understandings would have no effect on our international

obligations under Convention No. 111.

Ratification of this Convention would be consistent with our policy of seeking to adhere to additional international labor instruments as a means both of ensuring that our domestic labor standards meet international requirements, and of enhancing our ability

to call other governments to account for failing to fulfill their obligations under International Labor Organization (ILO) conventions.
IV

I recommend that the Senate give its advice and consent to the

ratification of ILO Convention No. 111.

WILLIAM J. CLINTON.
(V)

LETTER OF SUBMITTAL

DEPARTMENT OF STATE, Washington, October 2, 1997.

The PRESIDENT:

The White House.

THE PRESIDENT: I have the honor to submit to you, with the recommendation that it be transmitted to the Senate for advice and

consent to ratification, a certified copy of the Convention (No. 111)

Concerning Discrimination (Employment and Occupation), which

was adopted by the International Labor Conference at its 42nd Session in Geneva on June 25, 1958.

This Convention obligates ratifying countries to declare and pursue a national policy aimed at eliminating discrimination in respect

to employment and occupation. For these purposes, discrimination

is defined to include any distinction, exclusion or preference made

on the basis of race, color, sex, religion, political opinion, national

extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation. Interested departments and agencies have determined

that the United States is in compliance with the terms of this Convention. The Secretary of Labor, in his enclosed letter of January

6, 1997, provides additional details concerning how U.S. law and

practice comport with its provisions.

In the interest of clarifying the domestic application of the Convention, the Secretary of Labor has proposed that two understandings accompany U.S. ratification. These understandings (the first of

which we have modified slightly with the Secretary’s concurrence)

would have no effect on our international obligations under Convention No. 111.

The proposed understandings we propose are as follows:

The United States understands the meaning and scope

of Convention No. 111 in light of the relevant conclusions

and practice of the Committee of Experts on the Application of Conventions and Recommendations which have

been adopted prior to the date of U.S. ratification. The

Committee’s conclusions and practice are, in any event,

not legally binding on the United States and have no force

and effect on courts in the United States.

The United States understands that the federal nondiscrimination policy of equal pay for substantially equal

work meets the requirements of Convention 111. The

United States further understands that Convention 111

does not require or establish the doctrine of comparable
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worth with respect to compensation as that term is understood under United States law and practice.

I am pleased to join with the Secretary of Labor in recommending that the Convention be transmitted to the Senate for advice

and consent to ratification. Ratification of this Convention would be

consistent with our policy of seeking to adhere to additional international labor instruments as a means both of ensuring that our

domestic labor standards meet international requirements and of

enhancing our ability to call other governments to account for failing to fulfill their obligations under ILO conventions. All interested

departments and agencies concur in that view.

Respectfully submitted,

STROBE TALBOT.
(1)
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