COMMISSION STAFF WORKING PAPER GSP+  COMMISSION STAFF WORKING PAPER GSP+
Date: 2011-05-17
Institutions: European Commission
Subjects: common commercial policy, common tariff policy, developing countries, development aid, generalised preferences, least-developed country, sustainable development

EUROPEAN COMMISSION 

Brussels, 17.5.2011 
SEC(2011) 578 final 

COMMISSION STAFF WORKING PAPER 

GSP+ 

Accompanying document to the 

Report from the Commission to the European Parliament and the Council on the status 
of ratification and recommendations by monitoring bodies concerning conventions listed 
in Annex III to Council Regulation (EC) No 732/2008 applying a scheme of generalised 

tariff preferences pursuant to Article 8(3) of this Regulation 

{COM(2011) 271 final} 

 
 
 
 
  
 
 
 
TABLE OF CONTENTS 

ANNEX I: STATUS OF RATIFICATION OF ANNEX III CONVENTIONS........................ 2 

ANNEX II: CONVENTIONS & SURVEILLANCE MECHANISMS................................... 13 

1. 

2. 

3. 

4. 

UN HUMAN RIGHTS CONVENTIONS ................................................................. 13 

GENOCIDE CONVENTION AND APARTHEID CONVENTION........................ 16 

ILO CORE LABOUR STANDARDS ....................................................................... 16 

ENVIRONMENT AND GOVERNANCE PRINCIPLES CONVENTIONS ........... 18 

ANNEX III: SOURCES........................................................................................................... 22 

ANNEX IV: RECOMMENDATIONS OF THE MONITORING BODIES TO THE GSP+ 
BENEFICIARIES .................................................................................................................... 24 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

10. 

11. 

12. 

13. 

14. 

15. 

16. 

ARMENIA (AM) ....................................................................................................... 25 

AZERBAIJAN (AZ) .................................................................................................. 34 

BOLIVIA (BO) ........................................................................................................ 467 

COLOMBIA (CO) ..................................................................................................... 57 

COSTA RICA (CR) ................................................................................................... 68 

ECUADOR (EC)........................................................................................................ 77 

GEORGIA (GE)......................................................................................................... 90 

GUATEMALA (GU) ............................................................................................... 104 

HONDURAS (HN) .................................................................................................. 117 

SRI LANKA (LK).................................................................................................... 127 

MONGOLIA (MN).................................................................................................. 137 

NICARAGUA (NI).................................................................................................. 147 

PANAMA (PA)........................................................................................................ 157 

PERU (PE) ............................................................................................................... 167 

PARAGUAY (PY)................................................................................................... 176 

EL SALVADOR (SV) ........................................................................................... 1856

EN 

1 

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ANNEX I: STATUS OF RATIFICATION OF ANNEX III 
CONVENTIONS1 

Summary table of the number of conventions ratified: 

July 2005 

June 2007 

April 2008 

October 2010 

PART 
A  

PART 
B  

PART 
A 

PART 
B  

PART 
A  

PART 
B  

PART 
A 

PART 
B 

AM 

AZ 

BO 

16 

10 

CO 

16 

CR 

16 

9 

8 

16 

11 

16 

16 

16 

11 

11 

11 

16 

16 

11 

10 

16 

16 

11 

10 

16 

11 

16 

11 

16 

11 

EC 

16 

10 

16 

11 

16 

11 

16 

11 

8 

9 

10 

10 

10 

8 

16 

16 

16 

16 

16 

16 

9 

10 

10 

11 

11 

11 

16 

16 

16 

16 

16 

16 

09 

10 

10 

11 

11 

11 

GE 

GU 

16 

16 

HN 

16 

LK 

16 

16 

16 

MN 

NI 

PA 

PE 

16 

10 

16 

11 

16 

11 

PY 

16 

16 

16 

16 

16 

16 

16 

16 

16 

11 

11 

11 

11 

11 

11 

11 

11 

11 

1 

The list of conventions in Annex III consists of Part A and Part B for the purpose of Article 15 (1) of 
Regulation (EC) 732/2008. Part A lists conventions on core human rights and labour standards. Part B 
lists conventions on good governance and environment standards. 

EN 

2 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
SV 

14 

10 

16 

10 

16 

11 

16 

11 

EN 

3 

   EN 

 
 
STATUS OF RATIFICATIONS AS OF OCTOBER 2010 

ILO CORE LABOUR STANDARDS 

87-Freedom of 
Association 
and Protection 
of the Right to 
Organise 

98-Application 
of the 
Principles of 
the Right to 
Organise and 
to Bargain 
Collectively 

29- Forced or 
Compulsory 
Labour 

105- Abolition 
of Forced 
Labour 

100- Equal 
Remuneration 
of Men and 
Women 
Workers for 
Work of Equal 
Value 

111- 
Discrimination 
in Respect of 
Employment 
and 
Occupation 

138- Minimum 
Age for 
Admission to 
Employment 

182- 
Prohibition 
and Immediate 
Action for the 
Elimination of 
the Worst 
Forms of Child 
Labour 

AM 

2/01/2006 

12/11/2003 

17/12/2004 

29/07/1994 

17/12/2004 

29/07/1994 

27/01/2006 

2/01/2006 

AZ 

BO 

19/05/1992 

19/05/1992 

19/05/1992 

9/08/2000 

19/05/1992 

19/05/1992 

19/05/1992 

30/03/2004 

4/01/1965 

15/11/1973 

31/05/2005 

11/06/1990 

15/11/1973 

31/01/1977 

11/06/1997 

6/06/2003 

CO 

16/11/1976 

16/11/1976 

4/03/1969 

7/06/1963 

7/06/1963 

4/03/1969 

2/02/2001 

28/01/2005 

CR 

EC 

GE 

2/06/1960 

2/06/1960 

2/06/1960 

4/05/1959 

2/06/1960 

1/03/1962 

11/06/1976 

10/09/2001 

29/05/1967 

28/05/1959 

6/07/1954 

5/02/1962 

11/03/1957 

10/07/1962 

19/09/2000 

19/09/2000 

3/08/1999 

22/06/1993 

22/06/1997 

23/09/1996 

22/06/1993 

22/06/1993 

23/09/1996 

24/07/2002 

GU 

13/02/1952 

13/02/1952 

13/06/1989 

9/12/1959 

2/08/1961 

11/10/1960 

27/04/1990 

11/10/2001 

HN 

27/06/1956 

27/06/1956 

21/02/1957 

4/08/1958 

9/08/1956 

20/06/1960 

9/06/1980 

25/10/2001 

EN 

4 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
LK 

15/09/1995 

13/12/1972 

5/04/1950 

7/01/2003 

1/04/1993 

27/11/1998 

11/02/2000 

1/03/2001 

MN 

3/06/1969 

3/06/1969 

15/03/2005 

15/03/2005 

3/06/1969 

3/06/1969 

16/12/2002 

26/02/2001 

NI 

PA 

PE 

PY 

SV 

31/10/1967 

31/10/1967 

12/04/1934 

31/10/1967 

31/10/1967 

31/10/1967 

2/11/1981 

6/11/2000 

3/06/1958 

16/051966 

16/05/1966 

16/05/1966 

3/06/1958 

16/05/1966 

31/10/2000 

31/10/2000 

2/03/1960 

13/03/1964 

1/02/1960 

6/12/1960 

1/02/1960 

10/08/1970 

13/11/2002 

10/01/2002 

28/06/1962 

21/03/1966 

28/08/1967 

16/05/1968 

24/06/1964 

10/07/1967 

3/03/2004 

7/03/2001 

6/09/2006 

6/09/2006 

15/06/1995 

18/11/1958 

12/10/2000 

15/06/1995 

23/01/1996 

12/10/2000 

EN 

5 

EN 

 
  
UNITED NATIONS HUMAN RIGHTS CONVENTIONS 

Convention on 
the Prevention 
and 
Punishment of 
the Crime of 
Genocide  

International 
Convention on 
the 
Elimination of 
All Forms of 
Racial 
Discrimination 

International 
Covenant on 
Civil and 
Political Rights 

International 
Covenant on 
Economic, 
Social and 
Cultural 
Rights  

International 
Convention on 
the 
Suppression 
and 
Punishment of 
the Crime of 
Apartheid 

Convention on 
the 
Elimination of 
All Forms of 
Discrimination 
against 
Women 

Convention 
against 
Torture and 
Other Cruel, 
Inhuman or 
Degrading 
Treatment or 
Punishment 

Convention on 
the Rights of 
the Child  

AM 

AZ 

BO 

CO 

CR 

EC 

GE 

GU 

HN 

LK 

23/06/1993 

23/06/1993 

23/06/1993 

13/09/1993 

23/06/1993 

13/09/1993 

13/09/1993 

23/06/1993 

16/08/1996 

16/08/1996 

13/08/1992 

13/08/1992 

16/08/1996 

10/07/1995 

16/08/1996 

13/08/1992 

14/06/2005 

22/09/1970 

12/08/1982 

12/08/1982 

6/10/1983 

8/06/1990 

12/04/1999 

26/06/1990 

27/10/1959 

2/09/1971 

29/10/1969 

29/10/1969 

23/05/1988 

19/01/1982 

8/12/1987 

28/01/1991 

14/10/1950 

16/01/1967 

29/11/1968 

29/11/1968 

15/10/1986 

4/04/1986 

11/11/1993 

21/08/1990 

21/12/1949 

22/09/1966 

6/03/1969 

6/03/1969 

12/05/1975 

3/11/1981 

30/03/1988 

23/03/1990 

11/10/1993 

2/06/1999 

3/05/1994 

3/05/1994 

21/03/2005 

26/10/1994 

26/10/1994 

2/06/1994 

13/01/1950 

18/01/1983 

5/05/1992 

19/05/1988 

15/05/2005 

12/08/1982 

5/01/1990 

6/06/1990 

5/03/1952 

10/10/2002 

25/08/1997 

17/02/1981 

29/04/2005 

3/03/1983 

5/12/1996 

10/08/1990 

12/10/1950 

18/02/1982 

11/06/1980 

11/06/1980 

18/02/1982 

5/10/1981 

3/01/1994 

12/07/1991 

EN 

6 

EN 

 
  
 
 
 
MN 

NI 

PA 

PE 

PY 

SV 

5/01/1967 

6/10/1969 

18/11/1974 

18/11/1974 

8/08/1975 

20/07/1981 

24/01/2002 

5/07/1990 

29/01/1952 

15/02/1978 

12/03/1980 

12/03/1980 

28/03/1980 

27/10/1981 

5/07/2005 

5/10/1990 

11/01/1950 

16/08/1967 

8/03/1977 

8/03/1977 

16/03/1977 

29/10/1981 

24/08/1987 

12/12/1990 

24/02/1960 

29/09/1971 

28/04/1978 

28/04/1978 

1/11/1978 

13/09/1982 

7/07/1988 

4/09/1990 

3/10/2001 

18/08/2003 

10/06/1992 

10/06/1992 

2/12/2005 

6/04/1987 

12/03/1990 

25/09/1990 

28/09/1950 

30/11/1979 

30/11/1979 

30/11/1979 

30/11/1979 

19/08/1981 

17/06/1996 

10/07/1990 

EN 

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EN 

 
  
ENVIRONMENT AND GOVERNANCE PRINCIPLES CONVENTIONS 

Montreal 
Protocol on 
Substances 
that Deplete 
the Ozone 
Layer 

Basel Convention on 
the Control of 
Transboundary 
Movements of 
Hazardous Wastes 
and Their Disposal 

Stockholm 
Convention on 
Persistent 
Organic 
Pollutants 

CITES - 
Convention on 
International 
Trade in 
Endangered 
Species of Wild 
Fauna and Flora 

Convention 
on Biological 
Diversity 

Cartagena 
Protocol on 
Biosafety 

Kyoto Protocol 
to the United 
Nations 
Framework 
Convention on 
Climate Change 

United Nations 
Single 
Convention on 
Narcotic Drugs 

Convention on 
Psychotropic 
Substances 

Illicit Traffic in 
Narcotic Drugs 
and Psychotropic 
Substances 

United Nations 
Convention 
against 
Corruption 

AM 

01/10/1999 

01/10/99 

26/11/2003 

10/4/2008 

14/05/1993 

30/04/2004 

25/04/2003 

13/09/1993 

13/09/1993 

13/09/1993 

08/03/2007 

AZ 

12/06/1996 

01/06/2001 

13/01/2004 

23/11/1998 

03/08/2000 

1/04/2005 

28/09/2000 

11/01/1999 

11/01/1999 

22/09/1993 

01/11/2005 

BO 

03/10/1994 

15/11/1996 

3/06/2003 

6/07/1979 

 03/10/1994 

 22/04/2002 

30/11/1999 

23/09/1976 

20/03/1985 

20/08/1990 

5/12/2005 

CO 

06/12/1993 

31/12/1996 

22/10/2008 

31/08/1981 

 28/11/1994 

 20/05/2003 

30/11/2001 

3/03/1975 

12/05/1981 

10/06/1994 

27/10/2006 

CR 

30/07/1991 

7/03/1995 

06/02/2007 

30/06/1975 

 26/08/1994 

07/05/2007 

9/08/2002 

14/02/1973 

16/02/1977 

8/02/1991 

21/03/2007  

EC 

30/04/1990 

23/02/1993 

7/07/2004 

11/02/1975 

 23/02/1993 

 30/01/2003 

13/01/2000 

25/07/1973 

7/09/1973 

23/03/1990 

15/09/2005 

GE 

21/03/1996 

20/05/1999 

4/10/2006 

13/09/1996 

 02/06/1994 

04/11/2008  

16/06/1999 

27/03/2000 

8/01/1998 

8/01/1998 

04/11/2008 

GU 

07/11/1989 

15/05/1995 

30/07/2008 

7/11/1979 

 10/07/1995 

 28/10/2004 

5/10/1999 

9/12/1975 

13/08/1979 

28/02/1991 

3/11/2006 

HN 

14/10/1993 

27/12/1995 

23/05/2005 

15/03/1985 

 31/07/1995 

18/11/2008  

19/06/2000 

8/08/1979 

23/05/2005 

11/12/1991 

23/05/2005 

LK 

15/12/1989 

28/08/1992 

22/12/2005 

4/05/1979 

 23/03/1994 

 28/04/2004 

3/09/2002 

29/06/1981 

15/03/1993 

6/06/1991 

31/03/2004 

MN 

07/03/1996 

15/04/1997 

30/04/2004 

5/01/1996 

 30/09/1993 

 22/07/2003 

15/12/1999 

6/05/1991 

15/12/1999 

25/06/2003 

11/01/2006 

NI 

05/03/1993 

3/06/1997 

1/12/2005 

6/08/1977 

 20/11/1995 

 28/08/2002 

18/11/1999 

15/02/2005 

24/10/1973 

4/05/1990 

15/02/2006 

PA 

PE 

PY 

SV 

EN 

03/03/1989 

22/02/1991 

5/03/2003 

17/08/1978 

17/01/1995 

01/05/2002 

5/03/1999 

19/10/1972 

18/02/1972 

13/01/1994 

23/09/2005 

31/03/1993 

23/11/1993 

14/09/2005 

27/06/1975 

 07/06/1993 

 14/04/2004 

12/09/2002 

12/09/1977 

28/01/1980 

16/01/1992 

16/11/2004 

03/12/1992 

28/09/1995 

01/04/2004 

15/11/1976 

24/02/1994 

10/03/2004 

27/08/1999 

20/06/1973 

03/02/1972 

23/08/1990 

01/06/2005 

2/10/1992 

13/12/1991 

27/05/2008 

30/04/1987 

 08/09/1994 

 26/09/2003 

13/01/2000 

26/02/1998 

11/06/1998 

21/05/1993 

1/07/2004 

8 

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Compliance with major Human Rights Conventions by “GSP+” beneficiaries 

Human Rights 
Conventions - 
"GSP+" 
beneficiaries 

ICCPR 

ICESCR 

CEDAW 

Individual complaints 
(ratification OP1-ICCPR) 

Reporting status 

Reporting status  

(overdue reports) 

(overdue reports) 

Individual complaints (ratification 
OP-CEDAW) 

Reporting status 
(overdue reports) 

Armenia 

23 Jun 1993 

Azerbaijan 

27 Nov 2001 

R2: 30 June 2000 

R3: 30 June 2005 

14 Sep 2006 

1 Jun 2001 

Bolivia 

12 August 1982  

R3: 31 December 
1999 

27 September 2000  

Colombia 

29 October 1969  

23 January 2007  

Costa Rica 

29 November 1968  

20 September 2001  

 R5, 6: 4 May 2007 

Ecuador 

6 March 1969  

5 February 2002  

El Salvador 

6 June 1995  

4 April 2001 (signature only) 

EN 

9 

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Georgia 

3 May 1994  

 R3: 30 June 2007 

1 August 2002  

Guatemala 

28 November 2000  

R3: 30 June 2008 

9 May 2002 

Honduras 

7 June 2005  

R2: 30 June 2006 

Mongolia 

16 April 1991  

R4: 30 June 2003  

28 March 2002  

Nicaragua 

12 March 1980  

Panama 

8 Mar 1977 

R3: 30 June 2004 

 9 May 2001 

Peru 

3 October 1980  

Paraguay 

10 Jan 1995 

Sri Lanka 

3 October 1997  

R5: 31 October 
2003  

R3: 31 October 
2008 

R5: 1 November 
2007 

9 April 2001  

14 May 2001 

R6: 6 May 2008 

 R5: 30 June 2010 

15 October 2002  

EN 

10 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Human 
Rights 
Conventions - 
"GSP+" 
beneficiaries 

CERD 

CRC 

CAT 

Individual complaints 
(declaration recognising art. 
14) 

Reporting status (overdue 
reports) 

Reporting status (overdue 
reports) 

Individual complaints 
(declaration recognising art. 
22)  

Reporting status (overdue 
reports) 

Armenia 

R7: 23 July 2006 

Azerbaijan 

27 September 2001 

Bolivia 

14 February 2006 

14 February 2006 

R2: 10 May 2004 

R3: 10 May 2008 

Colombia 

Costa Rica 

8 January 1974 

R19,20,21: 4 January 2010 

27 February 2002 

Ecuador 

18 March 1977 

6 September 1988 

El Salvador 

Georgia 

30 June 2005 

Guatemala 

30 June 2005 

25 September 2003 

EN 

11 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
  
  
  
 
 
R1: 9 November 2004  

R2: 9 November 2006 

Honduras 

Mongolia 

Nicaragua 

Panama 

Peru 

27 November 1984 

Paraguay 

Sri Lanka 

 R10,11: 20 March 2003 

R12: 20 March 2005 

R13: 20 March 2007 

R4: 27 September 2000 

R5: 27 September 2004 

R4: 10 October 2003 

R5: 10 October 2007 

7 July 1988  

29 May 2002 

EN 

12 

EN 

 
  
  
  
 
 
  
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ANNEX II: CONVENTIONS & SURVEILLANCE MECHANISMS 

The assessment of whether a country has ratified and effectively implemented conventions in 
accordance with Article 8 of Regulation 732/2008 is based on the information and findings of 
the  monitoring  mechanisms  established  under  the  auspices  of  the  relevant  international 
organisations  such  as  the  UN,  ILO  and  other  agencies  as  well  as  on  the  findings  of  and 
information from monitoring mechanisms established under the conventions themselves.  

1. 

UN HUMAN RIGHTS CONVENTIONS 

As  far  as  Human  Rights  Conventions  are  concerned,  State  parties  are  obliged  to  report 
regularly to the Committees responsible for the supervision of the Conventions. Each of the 
conventions establishes a specialized body composed of independent experts responsible for 
monitoring the implementation of the conventions. Detailed information can be found on the 
United Nations High Commissioner for Human Rights (UNHCHR) website (www.ohchr.org). 
As States Parties are obliged to report only periodically to the Committees established under 
each  Convention,  in  many  cases  no  Committee  reports  are  available  for  the  beneficiary 
countries for the period in question. Moreover, it should be borne in mind that the reports of 
Committees  established  under  the  conventions  are  by  their  nature  critical  and  focused  on 
shortcomings with the aim of ensuring full implementation of the conventions.  

- The International Covenant on Civil and Political Rights2 provides for a broad range of 
civil  and  political  rights.  The  Covenant  includes  the  right  to  life;  the  right  to  freedom  from 
torture and cruel, inhuman or degrading treatment and punishment, the right to liberty security 
of the person, the right of detained persons to humane treatment, the right to and freedom of 
movement; the right to a fair trial; the right to freedom of thought, conscience, and religion; 
the  right  to  freedom  of  opinion  and  expression  and  the  right  to  freedom  of  assembly  and 
association. The Covenant also provides that all peoples have the right to self-determination 
and that minorities have the right to enjoy their own culture, practise their own religion and 
use  their  own  language.  The  Convention  is  supplemented  by  two  Optional  Protocols 
providing for: (1) the possibility of individual complaints with regard to alleged violations of 
the Covenant by State parties; (2) the abolition of the death penalty in the territory under the 
jurisdiction of the State party.  

The Human Rights Committee3 monitors the implementation of the International Covenant on 
Civil and Political Rights in the territory of State parties. Under Article 40 of the Covenant, 
States parties must submit reports every five years on the measures they have adopted to give 
effect to the rights recognized in the Covenant and on the progress made in the enjoyment of 
those  rights.  The  reports  are  examined  by  the  Committee,  which  then  adopts  concluding 
observations summarizing its main concerns and making suggestions and recommendations to 
the State party. Article 41 of the Covenant provides for the Committee to consider inter-state 
complaints. Furthermore, the Committee may also examine individual complaints with regard 
to  alleged  violations  of  the  Covenant  by  State  parties  to  the  First  Optional  Protocol  to  the 
Covenant.  

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-  The  International  Covenant  on  Economic,  Social  and  Cultural  Rights4  provides  for  a 
range  of  economic,  social,  and  cultural  rights  such  as  the  right  to  just  and  favourable 
conditions of work, the right to form trade unions and the right to strike,  the right to  social 
security, the right to an adequate standard of living, the right to education and the right to take 
part  in  cultural  life.  The  Covenant  also  provides  that  all  peoples  have  the  right  to  self 
determination. The Committee on Economic, Social and Cultural Rights (CESCR)5 monitors 
the implementation of the Covenant. Under articles 16 and 17 of the Covenant, States party 
are required to submit reports to the Committee every five years. The reports are examined by 
the  Committee,  which  then  adopts  concluding  observations  summarizing  its  main  concerns 
and making suggestions and recommendations to the State party.  

-  The  International  Convention  on  the  Elimination  of  All  Forms  of  Racial 
Discrimination6 prohibits racial discrimination in all its forms. The Convention requires State 
parties not to engage in acts of racial discrimination, to amend any laws which create racial 
discrimination  and  to  bring  an  end  to  racial  discrimination  by  all  persons  or  groups.  The 
Convention  requires  State  parties  to  declare  the  dissemination  of  ideas  based  on  racial 
superiority or incitement to racial hatred to be criminal offences and to prohibit organisations 
which  promote  racial  discrimination.  The  Convention  requires  States  to  eliminate  racial 
discrimination  in  the  enjoyment  of  a  range  of  civil  and  political  and  economic,  social  and 
cultural rights.  

The  Committee  on  the  Elimination  of  Racial  Discrimination  (CERD)7  is  the  body  of 
independent  experts  that  monitors  implementation  of  the  convention.  All  State  parties  are 
obliged to submit regular reports to the Committee on how the rights are being implemented. 
States  must  report  initially  one  year  after  acceding  to  the  Convention  and  then  every  two 
years and whenever the Committee so requests. The reports are examined by the Committee, 
which  then  adopts  concluding  observations  summarizing  its  main  concerns  and  making 
suggestions and recommendations to the State party.  

-  The  Convention  on  the  Elimination  of  All  Forms  of  Discrimination  Against  Women8 
requires  State  parties  to  eliminate  discrimination  against  women.  The  Convention  requires 
State  parties  to  take  measures  to  eliminate  discrimination  against  women  in  political  and 
public  life,  and  in  the  fields  of  education,  employment,  health  care,  and  other  areas  of 
economic and social life. The Convention requires State parties to take measures to eliminate 
discrimination against women in rural areas, to accord women equality before the law and to 
eliminate discrimination against women concerning acquisition of nationality, and in matters 
concerning  marriage  and  family  relations.  The  Convention  is  supplemented  by  an  Optional 
Protocol recognizing the competence of the Committee on the Elimination of Discrimination 
against  Women  (CEDAW)910  -  the  body  that  monitors  State  parties'  compliance  with  the 
Convention  -  to  receive  and  consider  complaints  from  individuals  or  groups  within  its 
jurisdiction, as well as to initiate inquiries into situations of grave or systematic violations of 
women’s rights. 

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7 
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http://www2.ohchr.org/english/bodies/treaty/index.htm  
http://www2.ohchr.org/english/bodies/cescr/  
http://www2.ohchr.org/english/bodies/treaty/index.htm  
http://www2.ohchr.org/english/bodies/cerd/  
http://www2.ohchr.org/english/bodies/treaty/index.htm  
http://www.un.org/womenwatch/daw/cedaw/committee.htm  
http://www.un.org/womenwatch/daw/cedaw/committee.htm  

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The  Convention  obliges  State  parties  to  submit  to  the  Secretary-General  a  report  on  the 
legislative, judicial, administrative or other measures that they have adopted to implement the 
Convention within a year after its entry into force and then at least every four years thereafter 
or  whenever  the  CEDAW  so  requests.  These  reports,  which  may  indicate  factors  and 
difficulties in implementation, are forwarded to the CEDAW for its consideration. The reports 
are examined by the Committee, which then adopts concluding observations summarizing its 
main concerns and making suggestions and recommendations to the State party.  

By  ratifying  the  Optional  Protocol  to  the  Covenant,  a  State  recognizes  the  competence  of 
CEDAW  to  receive  and  consider  complaints  from  individuals  or  groups  within  its 
jurisdiction, as well as to initiate inquiries into situations of grave or systematic violations of 
women’s rights. 

- The Convention against Torture and other Cruel, Inhuman or Degrading Treatment or 
Punishment11 bans torture under all circumstances. The Convention requires State parties to 
take  effective  measures  to  prevent  torture,  requires  States  to  ensure  that  acts  of  torture  are 
criminal offences, and forbids States from expelling persons to States where they would be in 
danger of being tortured. The Convention also requires State parties to prevent acts of cruel, 
inhuman  or  degrading  treatment  or  punishment  not  amounting  to  torture.  The  Optional 
Protocol  to  the  Convention  creates  the  UN  Subcommittee  on  Prevention  and  allows  in-
country  inspections  of  places  of  detention  to  be  undertaken  in  collaboration  with  national 
institutions.  

The Committee Against Torture (CAT)12 monitors the implementation of the Convention. All 
State  parties  are  obliged  to  submit  regular  reports  to  the  Committee,  initially  one  year  after 
acceding  to  the  Convention  and  then  every  four  years.  The  reports  are  examined  by  the 
Committee,  which  then  adopts  concluding  observations  summarizing  its  main  concerns  and 
making suggestions and recommendations to the State party.  

-  The  Convention  on  the  Rights  of  the  Child13  requires  State  parties  to  ensure  that  in  all 
actions concerning children undertaken by state authorities, the best interests of the child shall 
be a primary consideration. The Convention creates a range of rights for children relating to 
registration  of  birth,  respect  for  identity,  protection  against  separation  from  parents,  family 
reunification,  freedom  of  thought  and  expression,  freedom  of  association,  access  to 
information,  protection  from  physical  or  mental  violence,  adoption,  health  care,  mental  or 
physical disability, social security, adequate living standards, education and protection  from 
exploitation. The Convention is supplemented by two Optional Protocols concerning the sale 
of children, child prostitution and child pornography, and on the involvement of children in 
armed conflict.  

The  Committee  on  the  Rights  of  the  Child  (CRC)14  monitors  the  implementation  of  the 
Convention on the Rights of the Child and its Optional Protocols by State parties. All State 
parties  are  obliged  to  submit  regular  reports  to  the  Committee  on  how  the  rights  are  being 
implemented. States must report initially two years after acceding to the Convention and then 

11 
12 
13 
14 

http://www2.ohchr.org/english/bodies/treaty/index.htm  
http://www.ohchr.org/english/bodies/cat/index.htm  
http://www2.ohchr.org/english/bodies/treaty/index.htm  
http://www.ohchr.org/english/bodies/crc/index.htm  

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every  five  years.  The  Committee  examines  each  report  and  addresses  its  concerns  and 
recommendations to the State party in the form of “concluding observations”. 

2. 

GENOCIDE CONVENTION AND APARTHEID CONVENTION 

-  The  Convention  on  the  Prevention  and  Punishment  of  the  Crime  of  Genocide15  bans 
acts  committed  with  the  intent  to  destroy,  in  whole  or  in  part,  a  national,  ethnic,  racial  or 
religious  group.  It  declares  genocide  a  crime  under  international  law  whether  committed 
during war or peacetime, and binds all State parties to take measures  to prevent  and punish 
any acts of genocide committed within their jurisdiction. The Convention does not establish a 
Committee to monitor its implementation. 

-  The  International  Convention  on  the  Suppression  and  Punishment  of  the  Crime  of 
Apartheid16  declares  apartheid  a  crime  against  humanity  and  that  inhuman  acts  resulting 
from the policies and practices of apartheid are crimes violating the principles of international 
law, and constituting a serious threat to international peace and security. For the purpose of 
the  Convention,  the  term  "apartheid"  shall  apply  to  the  inhuman  acts  committed  for  the 
purpose of establishing and maintaining domination by one racial group of persons over any 
other racial group of persons and systematically oppressing them. 

The  body  in  charge  of  monitoring  the  implementation  of  the  Convention  is  envisaged  in 
Article 9 of the convention17. 

3. 

ILO CORE LABOUR STANDARDS 

The  core  labour  standards  comprise  eight  conventions  that  the  ILO  deems  "key",  covering 
subjects  that  are  considered  as  fundamental  principles  and  rights  at  work:  freedom  of 
association and the effective recognition of the right to collective bargaining; the elimination 
of all forms of forced  or compulsory  labour; the effective abolition of child labour; and the 
elimination of discrimination in respect of employment and occupation. 

The fundamental Conventions are:  

-  Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 
87)18 

-  Right to Organise and Collective Bargaining Convention, 1949 (No. 98)19 

- Forced Labour Convention, 1930 (No. 29)20 

15 
16 
17 

18 
19 
20 

http://www2.ohchr.org/french/law/genocide.htm  
http://www2.ohchr.org/english/bodies/ratification/7.htm  
Article 9 of the International Convention on the Suppression and Punishment of the Crime of Apartheid states that 
"The  Chairman  of  the  Commission  on  Human  Rights  shall  appoint  a  group  consisting  of  three  members  of  the 
Commission on Human Rights, who are also representatives of States Parties to the present Convention, to consider 
reports submitted by States Parties in accordance with article VII". 
http://www.ilo.org/ilolex/cgi-lex/convde.pl?C087  
http://www.ilo.org/ilolex/cgi-lex/convde.pl?C098  
http://www.ilo.org/ilolex/cgi-lex/convde.pl?C029  

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-  Abolition of Forced Labour Convention, 1957 (No. 105)21 

-  Minimum Age Convention, 1973 (No. 138)22 

-  Worst Forms of Child Labour Convention, 1999 (No. 182)23 

- Equal Remuneration Convention, 1951 (No. 100)24 

 - Discrimination (Employment and Occupation) Convention, 1958 (No. 111)25 

the  Committee  of  Experts  on 

States that have ratified ILO Conventions are under obligation to report regularly on the steps 
taken  in  law  and  practice  for  the  application  of  these  Conventions.26  For  the  eight 
fundamental conventions reports are normally due every two years. Reports are subsequently 
reviewed  by 
the  Application  of  Conventions  and 
Recommendations (CEACR). The CEACR is an impartial body of 20 legal experts from all 
regions of the world that meets during November/December each year and draws up a report. 
The annual CEACR reports are the main source relating to Members' compliance with ILO 
conventions.  They  are  published  on  the  ILO  website  and  all  its  observations  on  the 
implementation of the conventions can be found on the ILO's ILOLEX database27. 

The  Report  of  the  CEACR  has  two  main  parts  concerning  Member  States'  obligations.  The 
General  Report  describes  the  progress  of  the  work  of  the  CEACR  and  the  extent  to  which 
Member  States  have  fulfilled  their  reporting  obligations.  The  second  part  of  the  CEACR's 
report  publishes  observations  addressed  to  individual  countries.  These  observations  address 
fundamental questions raised by the application of a Convention by a member State. 

The  CEACR  reports  does  not  only  reflect  information  on  the  legislation  and  the  practice 
based  on  the  reports  submitted  by  governments  but  also  comments  made  by  employers  and 
workers  organisations,  and  it  takes  account  of  proceedings  and  findings  of  other  ILO 
supervisory bodies such as the Committee on the Application of Standards of the International 
Labour Conference (CAS), the Governing Body's Committee on the Freedom of Association 
(CFA) and the findings of the special procedures such in case of a complaint followed by the 
establishment  of  a  Commission  of  Inquiry.  The  CFA  is  a  tripartite  Committee  of  the 
Governing  Body  which  is  competent  to  deal  with  complaints  of  workers'  and  employers' 
organizations in relation to freedom of association and collective bargaining, even in relation 
to countries that have not ratified the corresponding conventions No 87 and 98.  

The report of the CEACR, which is usually published in spring each year feeds into the work 
of  the  CAS.  The  CAS'  mandate  is,  inter  alia,  to  consider  measures  taken  to  give  effect  to 
ratified Conventions. It is required to present a report of its work to the Conference. The CAS 
discusses the General Report prepared by the CEACR and examines cases of serious failure to 
fulfil  reporting  and  other  standard-related  obligations.  Its  main  task  is  the  examination  of  a 

21 
22 
23  
24  
25  
26  

27 

http://www.ilo.org/ilolex/cgi-lex/convde.pl?C105  
http://www.ilo.org/ilolex/cgi-lex/convde.pl?C138  
http://www.ilo.org/ilolex/cgi-lex/convde.pl?C182  
http://www.ilo.org/ilolex/cgi-lex/convde.pl?C100  
http://www.ilo.org/ilolex/cgi-lex/convde.pl?C111  
An  overview  of  the  supervisory  system  is  provided  in  "Rules  of  the  Game",  IL0,  2009, 
http://www.ilo.org/wcmsp5/groups/public/@ed_norm/@normes/documents/publication/wcms_108393.
pdf 
http://www.ilo.org/ilolex/english/convdisp1.htm  

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number  of  individual  cases  (currently  approximately  25)  which  are  selected  among  the 
countries  that  have  been  the  object  of  an  observation  in  the  CEACR  report.  Government 
members  of  the  countries  involved  are  invited  for  an  exchange  on  these  observations.  The 
Conference Committee adopts conclusions on the individual cases. 

The  list  of  individual  cases  identified  in  all  regions  of  the  world  and  selected  through 
negotiations between the employers and workers representatives must not be considered per 
se as a blacklist, but constitute mostly, in practice, cases of serious application problems. The 
discussions and conclusions on the situations examined by the CAS are published in its report 
which  is  adopted  by  the  International  Labour  Conference.  It  is  important  to  note  that  ILO 
supervision concentrates on legal implementation and also on concrete application problems. 
At  the  same  time,  it  also  highlights  cases  of  progress.  Further  to  its  decision  in  2007,  the 
CEACR may also highlight cases of good practice. Since 2005, more attention has also been 
given  to  the  complementarity  between  the  supervisory  system  and  technical  assistance,  and 
therefore, for some cases, the need for technical assistance is being highlighted by the CAS 
and the CEACR. 

The reports of the CEACR and the CAS assess and indicate also the degree of willingness of 
the  member  States  to  address  problems  in  complying  with  ratified  labour  standards  and  to 
cooperate with the ILO. 

4. 

ENVIRONMENT AND GOVERNANCE PRINCIPLES CONVENTIONS 

the  Parties.  When  using  reports 

It should be noted from the outset that some international environmental agreements establish 
compliance/implementation  committees  to  monitor  implementation  of  obligations  and 
the 
compliance  with  agreements  by 
compliance/implementation  committee  under  international  environmental  conventions  as  an 
indicator  of  Party's  compliance  with  international  obligations  it  is  important  to  note  a  few 
features  characteristic  for  compliance  mechanisms  in  such  agreements.  The  purpose  of 
compliance  mechanisms  is  to  examine  individual  cases  of  non-compliance  and  facilitate 
compliance  with  the  agreement.  Compliance  committees  do  not  normally  issue  general 
reports on state of compliance with a particular convention by all Parties. Therefore in cases 
where  compliance  proceedings  were  never  initiated  against  a  certain  Party  –  either  by  a 
submission  from  another  Party  to  the  convention  or  on  Committee's  own  initiative  or 
triggered by self-submission, no report of the compliance committee exist with regard to that 
Party. 

issued  by 

-  The  Montreal  Protocol  on  Substances  that  Deplete  the  Ozone  Layer28  recognizes  the 
need (following the discovery of the Antarctic ozone hole in late 1985) for stronger measures 
to  reduce  the  production  and  consumption  of  ozone  depleting  substances,  focusing  at  the 
beginning  on  Chlorofluorocarbons  (CFCs),  halons,  and  carbon  tetrachloride.  The  Protocol 
was designed so that the phase out schedules could be revised by Decisions of the Parties on 
the basis of periodic scientific and technological assessments. Subsequent amendments to the 
Protocol  extended  the  control  measures  to  other  ozone  depleting  substances,  such  as 
hydrochlorofluorocarbons (HCFCs). 

28 

http://ozone.unep.org/pdfs/Montreal-Protocol2000.pdf  

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As regards the implementation of the control measures in the Montreal protocol, the two key 
elements are the data reporting and the non-compliance procedure. According to article 7 of 
the  Protocol,  parties  report  every  year  to  he  Ozone  Secretariat  in  Nairobi,  Kenya  on 
production,  import  and  export  of  ozone-depleting  substances  referred  to  in  the  Protocol 
annexes.  In  addition,  the  monitoring  of  compliance  is  done  by  the  Implementation 
Committee29  on  the  basis  of  the  data  provided  and  extensive  reports  made  on  countries  in 
non-compliance.  This  is  an  effective  instrument  for  bringing  countries  into  line.  The 
committee itself only makes recommendations, all of which are referred to the Meeting of the 
Parties  to  the  Montreal  Protocol  (MOP)  for  adoption  as  decisions.  The  ‘indicative  list’  of 
measures that might be taken by a meeting of the parties in respect of non-compliance with 
the  Protocol  includes  issuing  formal  cautions  and  the  suspension  for  specific  rights  and 
privileges under the protocol, such as those dealing with finance and trade. The financing arm 
of  the  Montreal  Protocol  -the  Multilateral  Fund  -  can  assist  helping  the  countries  into 
compliance. 

-  The  goal  of  the  Basel  Convention  on  the  Control  of  Transboundary  Movements  of 
Hazardous Wastes and Their Disposal30 is “environmentally sound management” (ESM) of 
waste, that is, to protect human health and the environment by minimizing the generation and 
Transboundary  movement  of  hazardous  waste,  and  by  ensuring  the  availability  of  adequate 
disposal facilities that should be located, whenever possible, close to the source of generation. 
This involves strong controls, and to some extent prohibitions, of the transboundary shipment 
of  hazardous  and  certain  other  wastes  and  guidance  on  their  environmentally  sound 
management, including storage, treatment, reuse, recycling, recovery and final disposal.  

Compliance with obligations from the Basel Convention is controlled through a Mechanism 
for  Promoting  Implementation  and  Compliance31,  whose  objective  is  to  assist  Parties  to 
comply  with  their  obligations  under  the  Convention  and  to  facilitate,  promote,  monitor  and 
aim  to  secure  the  implementation  of  and  compliance  with  the  obligations  under  the 
Convention. The Compliance Committee32 is in charge of this mechanism.  

-  The  Stockholm  Convention  on  Persistent  Organic  Pollutants33  is  a  global  treaty  to 
protect  human  health  and  the  environment  from  persistent  organic  pollutants  (POPs).  POPs 
are  hazardous  chemicals  (PCBs,  dioxins,  furans  &  highly  dangerous  pesticides)  that  remain 
intact  in  the  environment  for  long  periods,  become  widely  distributed  geographically, 
accumulate in the fatty tissue of living organisms and are toxic to humans and wildlife. POPs 
circulate globally and cause damage wherever they travel. 

Regarding implementation, a non-compliance mechanism under the Stockholm Convention is 
yet  to  be  established.  As  no  Compliance  Committee  exists,  compliance  is  assessed  through 
the requirement for the Parties to submit a National Implementation Plan under Article 7 and 
the submission of a National Report under Article 15. 

29 

30 
31 
32 
33  

http://www.dailymail.co.uk/tvshowbiz/article-1338329/Gwyneth-Paltrow-looks-unrecognisable-
celebrates-walk-fame-star.html  
http://www.basel.int/text/con-e-rev.pdf  
http://www.basel.int/legalmatters/compcommitee/brochure-xx0706.pdf  
http://www.basel.int/legalmatters/compcommitee/index.html  
http://www.pops.int/documents/convtext/convtext_en.pdf  

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Article  15  of  the  Convention  requires  each  Party  to  the  Convention  to  report  to  the 
Conference  of  the  Parties  on  the  measures  it  has  taken  to  implement  the  provisions  of  the 
Convention  and  on  the  effectiveness  of  such  measures  in  meeting  the  objectives  of  the 
Convention. The Conference of the Parties established the periodicity of this reporting to be 
every four years and adopted a format for reporting. Details on the fulfilment of the reporting 
obligations of relevant countries can be found below in Annex IV. The second reporting cycle 
has  just  been  initiated.  The  reports  received  from  the  Parties  will  be  published  once  the 
submissions  are  completed.  According  to  decision  SC-4/30,  the  deadline  for  report 
submissions is 31 October 2010. 

The Convention on International Trade in Endangered Species34 (CITES or Washington 
Convention) is one of the most important conservation agreements in existence and regularly 
updates  the  list  of  species  (which  includes  both  animals  and  plants)  subject  to  import 
regulations or restrictions.  

CITES regularly and equitably monitors legislative implementation, practical implementation 
and enforcement records of Parties. In practice, it has a powerful compliance tool in that the 
Standing  Committee  can  recommend  trade  sanctions35.  The  Secretariat  of  CITES36  is  a 
repository of information on the implementation of the Convention and receives information 
and reports that it has to communicate to the Parties. This is done through the Notifications to 
the Parties37. Parties are required to submit annual reports on trade and biennial reports about 
the  implementation  of  the  Convention.  The  State  Parties  are  collectively  referred  to  as  the 
Conference of the Parties. Every three years the Conference meets to review the list of species 
and the implementation of the Convention.  

-  The  Convention  on  Biological  Diversity38  (CBD)  seeks  a  comprehensive  approach  to 
sustainable  development  through  three  main  goals:  the  conservation  of  biological  diversity, 
the sustainable use of its components and a fair sharing of the benefits arising from the use of 
genetic resources. 

The  CBD  has  two  direct  legal  requirements  for  developing  countries:  to  establish  National 
Biodiversity  Strategy  and  Action  Plan  (NBSAP)  which  outline  national  actions  for 
implementing  the  CBD  and  to  report  (reports  available  on  the  CBD  website39)  every  four 
years on implementation progress. The objective of national reporting, as specified in Article 
26 of the Convention, is to provide information on measures taken for the implementation of 
the  Convention  and  the  effectiveness  of  these  measures.  The  process  of  reporting  will  also 
assist  the  individual  country  to  monitor  the  status  of  implementation  of  the  commitments  it 

34 
35 

36 
37 
38 
39 

http://www.cites.org/eng/disc/text.shtml#texttop  
The review mechanisms include in particular: 
1.  A  requirement  to  submit  annual  reports  setting  out  the  numbers  of  permits  and  certificates  issued  for  trading; 
2. A requirement to submit bi-annual reports on legislative measures and enforcement; 
3. A review of Parties' legislation by the Secretariat followed by recommendations to the Standing Committee as 
appropriate; 
4. The facility of complaints by other Parties to the Secretariat/ Standing Committee; 
5. Whereby Parties to the Convention are recommended not to accept imports of CITES species from the country in 
question;  
6. The scope to recommend trade suspensions arising from these provisions. 
http://www.cites.org/eng/disc/sec/index.shtml  
http://www.cites.org/eng/notif/  
http://www.biodiv.org/doc/legal/cbd-un-en.pdf  
http://www.biodiv.org/reports/default.aspx  

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has taken on as a Contracting Party. It can assist the country to identify those commitments 
that  are  being  successfully  met,  those  that  have  not  been  implemented,  and  constraints  to 
implementation.  

- The Conference of Parties of the CBD adopted the Cartagena Protocol on Biosafety40 in 
January 2000 in Montreal, which entered into force in September 2003. This Protocol governs 
the  transboundary  movement  of  Genetically  Modified  Organisms  (GMOs)  and  authorises 
states to prevent the import of GMOs according to the precautionary principle.  

The  Conference  of  the  Parties  to  the  Convention  on  Biological  Diversity  serving  as  the 
meeting of the Parties to the Protocol (COP-MOP41) is the governing body of the Cartagena 
Protocol on Biosafety. Its primary role is to keep under regular review the implementation of 
the  Protocol  and  to  make  decisions  necessary  to  promote  its  effective  implementation.  The 
Parties adopted in February 2004 a compliance procedure which potentially provides room for 
the  adoption  of  any  measure  (including  trade-related  measures  if  needed  to  achieve  the 
objectives of the Protocol) vis-à-vis non-compliant Parties.  

- The Kyoto Protocol to the UN Framework Convention on Climate Change42 is the only 
international framework to combat global warming.  

On the basis of Article 18 of the KP, the Conference of the Parties adopted a decision on the 
compliance  regime43  which  makes  up  the  ‘teeth’  of  the  KP,  facilitating  promoting  and 
enforcing  adherence  to  the  KP’s  commitments.  The  surveillance  mechanism  of  the  Kyoto 
Protocol  is  described  on  the  UN  Framework  Convention  on  climate  change  website44  The 
Protocol’s  monitoring  procedures  are  based  on  existing  reporting  and  in-depth  review 
procedures  under  the  Convention,  building  on  experience  gained  in  the  climate  change 
process  over  the  past  decade.  They  also  involve  additional  accounting  procedures  that  are 
needed to track transactions in various units representing greenhouse gas emission reductions. 
The reports are all available on the website. 

The  three  major  international  drug  control  conventions  are  mutually  supportive  and 
complementary. Their goal is to codify internationally applicable control measures to ensure 
the  availability  of  narcotic  drugs  and  psychotropic  substances  for  medical  and  scientific 
purposes, and to prevent their diversion into illicit channels. They also include provisions on 
illicit trafficking and drug abuse.  

-  The  UN  Single  Convention  on  Narcotic  Drugs45  aims  to  combat  drug  abuse  by 
coordinated  international  action.  First,  it  seeks  to  limit  the  possession,  use,  and  trade  in, 
distribution, import, export, manufacture and production of drugs exclusively to medical and 
scientific purposes. Second, it combats drug trafficking through  international cooperation to 
deter and discourage drug traffickers. 

40 
41 
42 
43 

44 

45 

http://www.biodiv.org/doc/legal/cartagena-protocol-en.pdf  
http://www.biodiv.org/biosafety/cop-mop/default.shtml  
http://unfccc.int/resource/docs/convkp/kpeng.pdf  
The compliance regime consists of a Compliance Committee made up of 2 branches: a Facilitative Branch which 
provides advice and assistance to parties to promote compliance, whereas the Enforcement Branch has the power to 
determine consequences for Parties not meeting their commitments. 
http://unfccc.int/national_reports/accounting_reporting_and_review_under_the_kyoto_protocol/items/10 
29.php 
http://www.incb.org/pdf/e/conv/convention_1961_en.pdf  

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-  The  UN  Convention  on  Psychotropic  Substances46  establishes  an  international  control 
system for psychotropic substances. It responded to the diversification and expansion of the 
spectrum  of  drugs  of  abuse  and  introduced  controls  over  a  number  of  synthetic  drugs 
according to their abuse potential on the one hand and their therapeutic value on the other. 

-  The  UN  Convention  against  the  Illicit  Traffic  in  Narcotic  Drugs  and  Psychotropic 
Substances47 provides comprehensive measures against drug trafficking, including provisions 
against  money  laundering  and  the  diversion  of  precursor  chemicals;  and  international 
cooperation  through,  for  example,  extradition  of  drug  traffickers,  controlled  deliveries  and 
transfer of proceedings.  

The International Narcotics Control Board (INCB48) monitors compliance with the provisions 
of  the  international  drug  control  treaties.  The  INCB  also  recommends  actions  and  suggests 
adjustments to both international and national control regimes. In appropriate cases, the Board 
may  recommend  to  the  competent  United  Nations  organs,  to  specialized  agencies  and 
Governments  that  technical  and/or  financial  assistance  be  provided  in  support  of  the 
Governments'  efforts  to  comply  with  their  treaty  obligations.  Its  last  report49  is  that 
corresponding to the year 2009. 

- The UN Convention against Corruption50 has four main requirements namely prevention, 
criminalisation of a wide range of acts of corruption (not only the basic forms of corruption 
such as bribery and the embezzlement of public funds, but also trading in influence and the 
concealment  and  ‘laundering’  of  the  proceeds  of  corruption),  international  cooperation  in 
every aspect of the fight against corruption and asset recovery. 

In  accordance  with  its  article  68  (1)51,  the  United  Nations  Convention  against  Corruption 
entered into force on 14 December 2005. When it entered into force, a Conference of the State 
Parties  was  established  to  review  implementation  and  facilitate  activities  required  by  the 
Convention.  Its  reports  on  implementation  can  be  found  on  the  United  Nations  Office  on 
Drugs and Crime website.52 

ANNEX III: SOURCES 

International Labour Organization: www.ilo.org 

Office of the United Nations High Commissioner for Human Rights: www.ohchr.org 

United Nations Environment Program: www.unep.org 

Ozone Secretariat of UNEP: www.ozone.unep.org 

46 
47 
48 
49 
50 
51 

52 

http://www.unodc.org/pdf/convention_1971_en.pdf  
http://www.unodc.org/pdf/convention_1988_en.pdf  
http://www.incb.org/  
http://www.incb.org/pdf/e/ar/2005/incb_report_2005_full.pdf  
http://www.unodc.org/pdf/crime/convention_corruption/signing/Convention-e.pdf  
UN Convention against Corruption, Article 68.1. "This Convention shall enter into force on the ninetieth day after 
the date of deposit of the thirtieth instrument of ratification, acceptance, approval or accession. For the purpose of 
this paragraph, any instrument deposited by a regional economic integration organization shall not be counted as 
additional to those deposited by member States of such organization".  
http://www.unodc.org/unodc/crime_convention_corruption.html  

EN 

22 

   EN 

 
                                                 
United Nations Framework Convention on Climate Change: www.unfccc.int 

United Nations Office on Drugs and Crime: www.unodc.org 

International Narcotics Control Board: www.incb.org 

Secretariat of the Basel Convention: www.basel.int 

Stockholm Convention on Persistent Organic Pollutants (POPs): www.pops.int 

Convention  on  International  Trade  in  Endangered  Species  of  Wild  Fauna  and  Flora: 
www.cites.org 

Convention on Biological Diversity: www.biodiv.org 

EN 

23 

   EN 

 
ANNEX IV: RECOMMENDATIONS OF THE MONITORING BODIES 
TO THE GSP+ BENEFICIARIES 

The report covers the period from April 2008 till October 2010. 

In the case of ILO Conventions, the Report on the Compliance Committee regarding a given 
party  only  exists  in  cases  where  a  compliance  procedure  was  started  against  the  party. 
Therefore, if there is no information provided in the table it means that there is no report of 
the Compliance Committee mentioning a given country. 

In the case of UN Conventions, when no information of a particular convention appears in the 
table  it  means  that  there  are  no  reports  available  for  that  particular  country  and  for  the 
monitoring period under consideration. 

EN 

24 

   EN 

 
1. 

ARMENIA (AM) 

CONVENTION 

REPORTING STATUS 

RECOMMENDATIONS 

ILO 
CONVENTIONS 
ON 
CORE 
LABOUR RIGHTS:

-  Freedom  of 
and 
the 

87 
Association 
Protection  of 
Right to Organise 

1. Monitoring Body 

Latest recommendations by the monitoring body.  

2. Date of latest Report 

3. Web link 

1. CEACR 

2. 2010 

3.http://www.ilo.org/ilolex/english/n
ewcountryframeE.htm 

1. CAS 

2. June 2010 

3.http://www.ilo.org/ilc/ILCSessions/
99thSession/pr/lang--en/docName--
WCMS_141871/index.htm 

The CEACR notes that the first report on Convention No 87 has not been received. The Committee 
requests the Government to take the necessary measures without delay, including having recourse to 
the  Office’s  technical  assistance,  with  a  view  to  submitting  the  report  due  on  the  application  of 
ratified Convention, in accordance with its constitutional obligation. 

The CAS notes that since the meeting of the Committee of Experts the Government has sent the first 
report on the application of Convention No 87 

98  -  Application  of 
the Principles of the 
Right  to  Organise 
and 
to  Bargain 
Collectively 

1. CEACR 

2. 2010 

3.http://www.ilo.org/ilolex/english/n
ewcountryframeE.htm 

The Committee notes that a due report on Convention No 98 has not been received. The Committee 
requests the Government to take the necessary measures without delay, including having recourse to 
the  Office’s  technical  assistance,  with  a  view  to  submitting  the  report  due  on  the  application  of 
ratified Convention, in accordance with its constitutional obligation. 

EN 

25 

EN 

 
  
 
 
-  Forced  or 
29 
Compulsory Labour

- 

100 
Equal 
of 
Remuneration 
Men  and  Women 
Workers  for  Work 
of Equal Value 

105  -  Abolition  of 
Forced Labour 

1. CEACR 

2. 2010 

3.http://www.ilo.org/ilolex/english/n
ewcountryframeE.htm 

The Committee notes that a due report on Convention No 100 has not been received. The Committee 
requests the Government to take the necessary measures without delay, including having recourse to 
the  Office’s  technical  assistance,  with  a  view  to  submitting  the  report  due  on  the  application  of 
ratified Convention, in accordance with its constitutional obligation. 

111 - Discrimination 
in 
of 
Respect 
Employment 
and 
Occupation 

1. CEACR 

2. 2010 

The Committee notes that a due report on Convention No 111 has not been received. The Committee 
requests the Government to take the necessary measures without delay, including having recourse to 
the  Office’s  technical  assistance,  with  a  view  to  submitting  the  report  due  on  the  application  of 
ratified Convention, in accordance with its constitutional obligation. 

3.http://www.ilo.org/ilolex/english/n
ewcountryframeE.htm 

138 - Minimum Age 
for  Admission 
to 
Employment 

1. CEACR 

2. 2010 

The  Committee  notes  that  the  first  report  on  Convention  No  138  has  not  been  received.  The 
Committee requests the Government to take the necessary measures without delay, including having 
recourse  to  the  Office’s  technical  assistance,  with  a  view  to  submitting  the  report  due  on  the 
application of ratified Convention, in accordance with its constitutional obligation. 

3.http://www.ilo.org/ilolex/english/n
ewcountryframeE.htm 

1. CAS 

2. June 2010 

3.http://www.ilo.org/ilc/ILCSessions/
99thSession/pr/lang--en/docName--
WCMS_141871/index.htm 

The CAS notes that since the meeting of the Committee of Experts the Government has sent the first 
report on the application of Convention No 138 

EN 

26 

EN 

 
  
 
 
 
 
 
-  Prohibition 
182 
Immediate 
and 
Action 
the 
for 
Elimination  of  the 
of 
Worst  Forms 
Child Labour 

1. CEACR 

2. 2010 

3.http://www.ilo.org/ilolex/english/n
ewcountryframeE.htm 

1. CAS 

2. June 2010 

3.http://www.ilo.org/ilc/ILCSessions/
99thSession/pr/lang--en/docName--
WCMS_141871/index.htm 

The  Committee  notes  that  the  first  report  on  Convention  No  182  has  not  been  received.  The 
Committee requests the Government to take the necessary measures without delay, including having 
recourse  to  the  Office’s  technical  assistance,  with  a  view  to  submitting  the  report  due  on  the 
application of ratified Convention, in accordance with its constitutional obligation. 

The CAS notes that since the meeting of the Committee of Experts the Government has sent the first 
report on the application of Convention No 182 

1. Monitoring Body 

Latest recommendations by the monitoring body. 

2. Date of latest Report 

3. Web link 

UN 
CONVENTIONS 
ON 
CORE 
HUMAN RIGHTS: 

Convention  on  the 
and 
Prevention 
Punishment  of  the 
Crime of Genocide 

International 
Convention  on  the 
Elimination  of  All 
Forms  of  Racial 
Discrimination 

EN 

27 

EN 

 
  
 
 
 
 
 
 
International 
Covenant  on  Civil 
and Political Rights 

International 
on 
Covenant 
Economic, 
Social 
and Cultural Rights 

International 
Convention  on  the 
Suppression 
and 
Punishment  of  the 
Crime of Apartheid 

Convention  on  the 
Elimination  of  All 
Forms 
of 
Discrimination 
against Women 

1. CEDAW 

2. 2 February 2009 

3. http://daccess-dds-
ny.un.org/doc/UNDOC/GEN/N09/22
9/31/PDF/N0922931.pdf?OpenEle 
ent 

The  Committee  commended  the  State  Party  for  acceding  (2006)  to  the  Optional  Protocol  to  the 
the  Elimination  of  All  Forms  of  Discrimination  against  Women.  
Convention  on 
The  Committee  recommended  the  State  Party  to  implement  awareness-raising  campaigns  targeting 
women,  in  order  to  raise  their  knowledge  of  their  rights  under  the  Convention,  to  adopt  a  gender 
specific  approach  in  its  policies  and  programmes,  to  ensure  that  the  minimum  age  of  marriage  is 
raised  for  women  from  17  to  18  and  to  remove  any  exceptions  to  this  minimum  age,  to  enact  a 
gender  equality  bill,  to  initiate  change  in  the  widely  accepted  subordination  of  women  and  the 
stereotypical roles applied to both sexes, to give priority attention to eliminating all forms of violence 
against women, in particular domestic violence, to further expand its funding for shelters for victims 
of both gender-based violence as well as of trafficking, which was initiated in 2009, to include sex-
disaggregated data and information on the exploitation of prostitution in the next periodic report, to 
focus on helping parents to understand the important role of education for girls; and special measures 
be implemented to allow girls and women who have dropped out of school to re-enter the education 
system, to aim towards closing the existing wage gap between  women and men and implementing 
pay  equity,  to  increase  its  efforts  to  improve  the  availability  of  sexual  and  reproductive  health 
services, including family planning. 

EN 

28 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
Convention  against 
Torture  and  Other 
Cruel,  Inhuman  or 
Degrading 
Treatment 
Punishment 

or 

Convention  on  the 
Rights of the Child 

CONVENTIONS 
ON 
ENVIRONMENT 
AND 
GOVERNANCE 
PRINCIPLES : 

Montreal  Protocol 
on  Substances  that 
Deplete  the  Ozone 
Layer 

Basel  Convention 
on  the  Control  of 
Transboundary 
of 
Movements 
Hazardous  Wastes 
and Their Disposal 

1. Monitoring Body 

Latest recommendations by the monitoring body. 

2. Date of latest Report 

3. Web link 

1.Implementation Committee 

In 2010, no new non-compliance issues reported by the Implementation Committee. 

2. 13 July 2010 

Previous issues have been resolved. 

3. http://ozone.unep.org 

http://www.unep.ch/Ozone/Meeting_Documents/impcom/IMPCOM-44-5E.pdf 

1. Compliance Committee 

Almost complete reporting until 2006 but the report for 2007 is still missing.  

2.N/A 

Information on the status of national reporting in 2008 not yet published on the Basel website. 

3.http://www.basel.int/legalmatters/c
ompcommitee/index.html 

EN 

29 

EN 

 
  
 
 
 
 
 
 
Stockholm 
Convention 
on 
Persistent  Organic 
Pollutants 

1. No compliance committee 
established yet. Compliance assessed 
through the following: 

Both national reports and national implementation plan have been submitted.  

- national implementation plan 
required by Art.7 

http://chm.pops.int/Countries/Nation
alImplementation/tabid/253/language
/en-US/Default.aspx 

- national report required by Art. 15 
http://chm.pops.int/Countries/Nation
alReports/FirstRoundofPartyReports/
tabid/254/language/en-
US/Default.aspx 

-  contributions  to  the  convention 
budget 
http://chm.pops.int/Countries/Contrib
utions/tabid/374/language/en-
US/Default.aspx 

- 
CITES 
Convention 
on 
International  Trade 
Endangered 
in 
Species 
of  Wild 
Fauna and Flora 

1. Standing Committee 

2. 11 March 2010 

3.http://www.cites.org/common/com/
SC/59/E59-11A.pdf 

Armenia  only  acceded  to  the  Convention  in  2008  and  has  a  two  year  long  transition  period  until 
being obliged to comply with the Convention requirements.  

Implementing legislation is under review by the CITES Secretariat and is not yet believed to fully 
meet all the requirements for the implementation of CITES (category 3).  

EN 

30 

EN 

 
  
 
 
 
 
All reports have been submitted until 2009.  

Contributions to the CBD core budget have been paid. 

on 
Convention 
Biological Diversity 

1.  Compliance  assessed  through  the 
following: 
-  National  Biodiversity  Strategy  and 
Action plan required by Art. 6 

http://www.cbd.int/nbsap/ 

- National report required by Art. 26 

http://www.cbd.int/countries/ 

Link to level of payments: 
http://www.cbd.int/convention/partie
s/contributions.shtml?tab=2 

Cartagena  Protocol 
on Biosafety 

1. Compliance Committee 

First Regular National Report (2007) has been submitted, but the Interim National Report (2005) has 
not been submitted. 

Kyoto  Protocol  to 
the  United  Nations 
Framework 
Convention 
Climate Change 

on 

Nations 
United 
Single  Convention 
on Narcotic Drugs 

2. 23 September 2010 

3.http://www.cbd.int/doc/meetings/bs
/bscc-07/official/bscc-07-03-en.pdf 

All contributions have been paid. 

1. Compliance Committee 

No non-compliance proceedings have been started against Armenia. 

2. 8 October 2010  

3.http://unfccc.int/resource/docs/201
0/cmp6/eng/06.pdf 

1. INCB 

No specific recommendations. 

2. 24 February 2010 

3.http://www.incb.org/incb/en/annual
-report-2009.html 

EN 

31 

EN 

 
  
 
 
Convention 
Psychotropic 
Substances 

on 

1.INCB 

No specific recommendations. 

2. 24 February 2010 

3.http://www.incb.org/incb/en/annual
-report-2009.html 

Illicit  Traffic 
in 
Narcotic  Drugs  and 
Psychotropic 
Substances 

1.INCB 

No specific recommendations. 

2. 24 February 2010 

3.http://www.incb.org/incb/en/annual
-report-2009.html 

United 
Nations 
Convention  against 
Corruption 

1.United  Nation  secretariat  –  Report 
the  United 
on  Compliance  with 
against 
Nations 
Corruption 

Convention 

2.  9  September  2009 
distribution) 

(general 

3.http://www.unodc.org/documents/tr
eaties/UNCAC/COSP/session3/V098
6236e.pdf 

Articles that need further work for full compliance (as indicated in the self-assessment report) 

Article  17-  Armenia  indicated  full  compliance  with  the  provision  under  review  and  also  cited  or 
quoted  relevant  legislation  but  did  not  fulfil  the  optional  reporting  item  of  providing  examples  of 
successful implementation.  

Article  23  -  Obligation  to  furnish  copies  of  the  laws  giving  effect  to  article  23  to  the  Secretary-
General: Armenia stated that it was not aware of whether it had been fulfilled, and indicated the laws 
that should be provided to the Secretary-General. 

Article  25  -  Armenia,  reported  to  have  adopted  measures  to  achieve  full  compliance  with  the 
requirement  set  forth  in  article  25…  However,  none  of  the  parties  reporting  full  implementation 
provided examples of successful implementation (an optional reporting item)… on the obligation of 
notifying  the  Secretary-General  of  their  respective  designated  authorities  responsible  for  receiving 
mutual  legal  assistance  requests…Armenia  did  not  provide  information  on  the  provision  under 
review, thereby not complying with an obligatory reporting item. 

Article  52  –  Armenia  reported  full  implementation  of  measures  to  prevent  and  detect  transfers  of 
proceeds  of  crime  and  cited  applicable  legislation,  but  did  not  fulfil  the  optional  reporting  item  of 
providing examples of successful implementation of the article under review. 

EN 

32 

EN 

 
  
 
 
 
Article  53  -  paragraph  (a)  -  Armenia  reporting  partial  compliance,  cited  applicable  legislation. 
However,  Armenia  specified  that  its  code  of  civil  procedure  did  not  provide  for  the  right  of  other 
States to initiate legal action in an Armenian court. With regard to measures to permit its courts to 
order  payment  of  compensation  or  damages  to  another  State  party  (para.  (b)),  Armenia  reported 
partial  compliance  ….  Concerning  measures  to  permit  their  courts  or  competent  authorities  to 
recognize  another  State  party’s  claim  of  legitimate  ownership  of  property  proceeds  of  crime,  as 
prescribed by paragraph (c), Armenia, reported partial implementation of such measures. 

Article 54 - Concerning the confiscation of property of foreign origin (para. 1 (b)), Armenia reported 
full implementation of the provision and cited the relevant legislation. Armenia indicated that it had 
not  taken  measures  to  permit  the  confiscation  of  property  acquired  through  corruption  without  a 
criminal conviction (non-mandatory provision, para. 1 (c)) 

Article  55  -  Reporting  on  the  submission  of  a  request  for  order  of  confiscation  to  competent 
authorities, in accordance with paragraph 1, Armenia indicated partial compliance and added that its 
code of criminal procedure did not permit the issuance of a confiscation order on the basis of foreign 
requests…..  Concerning  the  contents  of  requests  for  orders  of  confiscation,  as  prescribed  by 
paragraph  3,  Armenia  assessed  its  legislation  as  being  in  full  compliance.  Armenia  cited  relevant 
legislation but did not provide examples of successful implementation (an optional reporting item). 

Article 57 - Armenia stated that it had not taken measures to implement the non-mandatory provision 
of  paragraph  5,  on  the  conclusion  of  agreements  on  the  final  disposal  of  confiscated  property.  In 
relation  to  the  article  as  a  whole,  Armenia  did  not  substantiate  its  reported  full  compliance  by 
providing examples of successful use or implementation (an optional reporting item). 

EN 

33 

EN 

 
  
 
 
2. 

AZERBAIJAN (AZ) 

CONVENTION 

REPORTING STATUS 

RECOMMENDATIONS 

ILO 
CONVENTIONS 
ON 
CORE 
LABOUR RIGHTS:

-  Freedom  of 
and 
the 

87 
Association 
Protection  of 
Right to Organise 

1. Monitoring Body 

Latest recommendations by the monitoring body.  

2. Date of latest Report 

3. Web link 

1. CEACR 

2. June 2010  

3.http://www.ilo.org/wcmsp5/groups/
public/---ed_norm/---
relconf/documents/meetingdocument
/wcms_123424.pdf 

The Committee requests the Government to communicate in its next report any amendments taken or 
contemplated to section 281 of the Labour Code and section 233 of the Criminal Code so as to allow 
the exercise of the right to strike in railways and air transport sectors, acknowledging that a minimum 
service  created  with  the  participation  of  the  employers  and  the  trade  unions  concerned  could  be 
established. 

The  Committee  requests  the  Government  to  transmit  with  its  next  report  a  copy  of  the  repealing 
instrument with regard to Section 6(1) of the Act on Trade Unions and its provision “trade unions are 
prohibited from engaging in political activity, associating with political parties or carrying out joint 
activities, providing and receiving assistance or donations to/from political parties”. The Government 
indicates  in  its  report  that  this  provision  has  been  repealed  and  that  limitations  on  the  activities  of 
trade unions were removed. 

The  Committee  previously  requested  the  Government  to  take  the  necessary  measures  in  order  to 
ensure that multinational enterprises operating on its territory respect freedom of association norms 
and principles. The Committee notes that the Government indicates that additions to article 80 of the 
Labour Code of the Republic of Azerbaijan adopted by the Milli Mejlis (Parliament) on 10 October 
2006,  significantly  strengthened  the  status  of  the  trade  unions  at  the  enterprises.  The  Committee 
requests the Government to provide a copy, with its next report, of the additions to article 80 of the 
Labour Code. 

EN 

34 

EN 

 
  
 
 
98  -  Application  of 
the Principles of the 
Right  to  Organise 
and 
to  Bargain 
Collectively 

1. CEACR 

2. June 2010  

3.http://www.ilo.org/wcmsp5/groups/
public/---ed_norm/---
relconf/documents/meetingdocument
/wcms_123424.pdf 

The Committee, recalling that it was the responsibility of the Government to ensure the application 
of the Convention, requested the Government to take the necessary measures in order to ensure that 
multinational  enterprises  operating  on  its  territory  respect  freedom  of  association  norms  and 
principles and to inform it of the measures taken in this respect. It further requested the Government 
to  provide  its  observations  on  the  ITUC's  previous  allegation  of  cases  of  anti-union discrimination 
and interference that took place in multinational enterprises. 

The  Committee  also  recalled  that,  according  to  Article  4  of  the  Convention,  free  and  voluntary 
bargaining with a view to the regulation of terms and conditions of employment should be conducted 
between workers' organizations and an employer or employers' organization and therefore requested 
the Government to take measures to amend its legislation so as to bring it into conformity with the 
Convention. 

The Committee notes the Government's indication that steps are being taken to set up national and 
local  collaborative  committees  comprising  representatives  of  unions,  employers'  associations, 
relevant  executive  bodies  and  public  associations  representing  the  interests  of  those  especially  in 
need of social protection, with a view to promoting employment. 

29 
-  Forced  or 
Compulsory Labour

- 

Equal 
100 
Remuneration 
of 
Men  and  Women 
Workers  for  Work 
of Equal Value 

1. CEACR 

2. June 2009  

3.http://www.ilo.org/ilc/ILCSessions
/98thSession/ReportssubmittedtotheC
onference/lang--en/docName--
WCMS_103484/index.htm 

The  Committee  recalls  its  previous  comments  concerning  the  1999  Labour  Code,  drawing  the 
Government’s  attention  to  the  fact  that  provisions  of  the  Code  do  not  fully  reflect  the  principle  of 
equal remuneration for men and women for work of equal value. The Committee also notes that the 
section  9(1)  of  the  Act  on  Ensuring  Gender  Equality  fails  to  reflect  fully  the  principle  of  the 
Convention. The Committee wishes to stress once again that legislation setting out the principle of 
equal remuneration for work of equal value is important in order to ensure the full application of the 
Convention.  The  Committee  asks  the  Government  to  indicate  the  measures  taken  or  envisaged  to 
bring the legislation into full conformity with the Convention and to provide detailed information on 
the implementation and enforcement of section 9 of the Act on Ensuring Gender Equality, including 
relevant judicial and administrative decisions. 

EN 

35 

EN 

 
  
 
 
 
 
 
105  -  Abolition  of 
Forced Labour 

111 - Discrimination 
in 
of 
Respect 
Employment 
and 
Occupation 

1. CEACR 

2. June 2009  

3.http://www.ilo.org/ilc/ILCSessions
/98thSession/ReportssubmittedtotheC
onference/lang--en/docName--
WCMS_103484/index.htm 

The Committee notes with interest the adoption and entry into force of the Act on Ensuring Gender 
Equality  of  10  October  2006  which  aims  at  ensuring  gender  equality  by  eliminating  all  forms  of 
discrimination based on sex and creating equal opportunities for  men and women in all spheres of 
social life, including employment. The Committee requests the Government to provide information 
on  the  implementation  of  the  Act  on  Ensuring  Gender  Equality,  in  particular  information  on 
measures  taken  to  make  the  new  provisions  widely  known.  It  requests  also  the  Government  to 
provide  information  on  any  complaints  and  cases  regarding  discrimination  in  employment  and 
occupation  dealt  with  by  the  courts,  the  labour  inspection  service  or  other  competent  bodies, 
including information on the number, nature and outcomes of any such proceedings. 

The Committee notes that, in addition to putting in place gender equality legislation, the Government 
included measures to promote gender equality in its employment strategy (2006–15). According to 
the report, the strategy emphasizes assistance to women in the creation of small enterprises and the 
introduction  of  flexible  forms  of  employment  with  a  view  to  creating  new  jobs  for  women.  The 
Government  also  states  that  vocational  training  and  involvement  of  women  in  public  works  was  a 
priority of the state employment service. The Committee further notes that the Decent Work Country 
the  Workers  with  Family 
Programme  (DWCP)  (2006–09)  envisages 
Responsibilities  Convention,  1981  (No.  156),  and  the  elaboration  of  measures  to  promote 
reconciliation of work and family, and the creation of family-friendly workplaces. Further, under the 
DWCP, compliance of the national legislation with international labour standards will be examined. 
The  Committee  requests  the  Government  to  provide  detailed  information  on  the  specific  measures 
taken under the employment strategy to ensure women’s equal access to the labour market, including 
self-employment,  and  to  provide  detailed  statistical  information  on  the  participation  of  men  and 
women  in  the  different  sectors,  industries  and  occupations.  It  also  requests  the  Government  to 
indicate  the  progress  made  in  the  examination  of  the  national  legislation  with  a  view  to  ensuring 
compliance with international labour standards on gender equality. 

the  ratification  of 

EN 

36 

EN 

 
  
 
 
 
 
 
138 - Minimum Age 
for  Admission 
to 
Employment 

1. CEACR 

2. June 2009  

3.http://www.ilo.org/ilc/ILCSessions
/98thSession/ReportssubmittedtotheC
onference/lang--en/docName--
WCMS_103484/index.htm 

The  Committee  notes  with  regret  that  the  Government’s  report  does  not  contain  reply  to  previous 
comments. The Committee therefore repeats its previous observations: 

With regard to the minimum age for admission to employment or work, the Committee recalls that 
the  minimum  age  of  16  years  was  specified  under  the  Convention  as  regards  Azerbaijan.  It  noted 
with regret that the new Labour Code, allows a person who has reached the age of 15 to be part of an 
employment contract; and the Individual Contracts of Employment Agreement Act sets the minimum 
age for concluding an employment contract at 14 years. The Committee once again points out that 
the Convention allows and encourages the raising of the minimum age but does not permit lowering 
of the  minimum age once specified. Therefore, the  Committee once again  asks the Government to 
indicate the measures taken or envisaged to ensure that access to employment of children of 14 and 
15 years of age may be allowed exceptionally, only for work that meets the criteria set out in Article 
7 of the Convention. 

With regard to the provisions of the new Labour Code, the Committee recalls that Convention No. 
138 requires the fixing of a minimum age for all types of work or employment and not only for work 
under an employment contract. The Committee again asks the Government to supply information on 
the  measures  taken  or  envisaged  to  ensure  the  application  of  the  Convention  to  all  types  of  work 
outside an employment relationship, such as self-employment. 

The Committee notes the Government’s indication that a list of arduous and hazardous industries or 
occupations where the employment of persons under 18 years of age is prohibited was approved by 
Decision No. 58 of the Cabinet of Ministers of the Republic of Azerbaijan on 24 March 2000. The 
Committee once again requests the Government to provide a copy of the text. 

The  Committee  once  again  requests  the  Government  to  supply  further  information  on  the  types  of 
light work that are permitted for persons who have attained 14 years of age. 

The  Committee  requests  the  Government  to  indicate  which  provisions  in  its  national  legislation 
regulate sanctions for violations of the labour law and to supply a copy of the same. 

The Committee once again asks the Government to supply data to give a general appreciation of the 
manner  in  which  the  Convention  is  applied,  for  instance,  statistical  data  on  the  employment  of 
children  and  young  persons,  extracts  from  the  report  inspection  services,  and  information  on  the 

EN 

37 

EN 

 
  
number and nature of contraventions reported. 

The Committee hopes that the Government will make every effort to take the necessary action in the 
very near future. 

-  Prohibition 
182 
Immediate 
and 
Action 
the 
for 
Elimination  of  the 
Worst  Forms 
of 
Child Labour 

UN 
CONVENTIONS 
ON 
CORE 
HUMAN RIGHTS: 

Convention  on  the 
Prevention 
and 
Punishment  of  the 
Crime of Genocide 

International 
Convention  on  the 
Elimination  of  All 
Forms  of  Racial 
Discrimination 

1. Monitoring Body 

Latest recommendations by the monitoring body. 

2. Date of latest Report 

3. Web link 

1. CERD 

2. 7 September 2009 

3. http://daccess-dds-
ny.un.org/doc/UNDOC/GEN/G09/44
8/41/PDF/G0944841.pdf?OpenElem
ent 

The  Committee  requested  the  State  party  to  ensure  equal  opportunities  for  displaced  persons,  to 
ensure that all refugees and asylum-seekers receive  equal treatment, that the State party conducted 
studies  to  assess  and  evaluate  the  level  of  enjoyment  of  economic,  social  and  cultural  rights  by 
different ethnic groups, to improve the economic situation of typical victim groups, in particular of 
women and thereby eliminate their vulnerability to exploitation and traffickers, to consider why there 
have been very few complaints of racial discrimination (lack of effective remedies, victims’ lack of 
awareness of their rights, fear of reprisals, lack of confidence in the police and judicial authorities, or 
the authorities’ lack of attention or sensitivity to cases of racial discrimination etc.) and to take steps 
to  prevent  and  combat  hostile  attitudes  towards  ethnic  Armenians  living  in  its  territory,  including 
through information campaigns and education of the general public. 

EN 

38 

EN 

 
  
 
 
 
 
 
 
 
International 
Covenant  on  Civil 
and Political Rights 

1.CCPR 

2. 13 August 2009 

3. http://daccess-dds-
ny.un.org/doc/UNDOC/GEN/G09/44
1/95/PDF/G0944195.pdf?OpenElem
ent 

The  Committee  commended  the  State  party  for  the  continuing  process  of  bringing  its  domestic 
legislation  into  line  with  the  provisions  of  the  Covenant  and  other  human  rights  treaties. 
The Committee recommended the State party to ensure effective implementation of the action plan 
on  family  and  women’s  issues,  to  promote  the  access  of  women  to  high-level  and  managerial 
positions in the public sector through targeted measures, to close down the pre-trial detention centre 
of the Ministry of National Security or place it under the jurisdiction of the Ministry of Justice, to 
establish without delay an independent body with authority to receive and investigate all complaints 
of  abuses  of  power  by  law  enforcement  officials,  to  increase  efforts  to  combat  corruption  by 
thoroughly investigating all incidents of suspected corruption, to ensure full respect for the right of 
freedom of religion or belief, effectively to protect media workers against attempts on their integrity 
and  life,  to  simplify  its  address  registration  procedure,  so  as  to  enable  all  individuals  who  reside 
legally  in  Azerbaijan,  including  internally  displaced  persons,  to  fully  exercise  their  rights  and 
freedoms under the Covenant. 

International 
Covenant 
on 
Social 
Economic, 
and Cultural Rights 

International 
Convention  on  the 
Suppression 
and 
Punishment  of  the 
Crime of Apartheid 

Convention  on  the 
Elimination  of  All 
Forms 
of 
Discrimination 
against Women 

1. CEDAW 

2. 7 August 2009 

3. http://daccess-dds-
ny.un.org/doc/UNDOC/GEN/N09/46
1/26/PDF/N0946126.pdf?OpenElem
ent 

including  domestic  violence  and 

The  Committee  welcomed  the  adoption  of  national  plans  and  programmes  aimed  at  combating 
violence  against  women, 
in  human  beings. 
The Committee recommended the State party to design and implement awareness-raising campaigns 
targeting  women,  including  rural  women,  to  speedily  enact  the  amendment  to  the  Family  Code  in 
order  to  equalize  the  minimum  age  of  marriage  for  women  and  men  to  18,  to  promote  non-
stereotypical  and  positive  images  of  women  and  gender  equality,  to  accelerate  the  adoption  of  the 
draft law on domestic violence and to ensure that it contains provisions pertaining to sexual violence 
within the family, to systematically investigate, prosecute and punish traffickers, to conduct research 
on  the  exploitation  of  prostitution  of  women  to  serve  as  the  basis  for  comprehensive  and  targeted 

trafficking 

EN 

39 

EN 

 
  
 
 
 
 
 
 
Convention  against 
Torture  and  Other 
Cruel,  Inhuman  or 
Degrading 
Treatment 
Punishment 

or 

1. CAT 

2. 8 December 2009 

3.http://www2.ohchr.org/english/bod
ies/cat/docs/co/CAT.C.AZE.CO.3.do
c 

intervention, to increase the number of women undertaking doctoral studies and holding positions in 
the highest levels of academia, to modify existing gender role stereotypes through awareness-raising 
campaigns  targeted  at  community  and  religious  leaders,  teachers,  parents,  girls  and  boys,  to  work 
with religious authorities in order to prevent early marriages and to engage in ongoing and systematic 
consultations  with  women’s  non-governmental  organizations  on  all  issues  pertaining  to  the 
promotion of gender equality. 

The  Committee  welcomed  the  adoption  of  the  Fight  against  Human  Trafficking  Law  (2005),  the 
ratification of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or 
Degrading Treatment or Punishment (2009) and the ratification of the Convention on the Rights of 
Persons with Disabilities and the Optional Protocol thereto (2009). 

The Committee recommended the State Party to bring its definition of torture fully into conformity 
with the Convention, to ensure that the Ombudsman’s office is a functioning, independent body, to 
ensure  that  suspects  are  brought  before  a  judge  as  soon  as  possible,  calculated  from  the  actual 
moment of deprivation of liberty, to address the shortage of public defenders, including by ensuring 
that public defenders are adequately paid for their work, provide information on any cases of death 
resulting  from  torture,  ill-treatment  or  wilful  negligence  leading  to  deaths,  to  improve  the  living 
conditions  for  patients  in  psychiatric  institutions  and  ensure  that  all  places  where  mental  health 
patients  are  held  for  involuntary  treatment  are  visited  by  independent  monitoring  bodies,  to  take 
immediate steps to ensure that evidence obtained by torture may not be invoked as evidence in any 
proceedings,  to  ensure  protection  of  women  and  children  by  speedily  enacting  the  draft  law  on 
domestic violence, to fully guarantee and protect the right of freedom of opinion and expression of 
journalists and media representatives, and introduce legal mechanisms and practical measures to that 
effect,  to  ensure  that  no  person  is  expelled,  returned  or  extradited  to  a  country  where  there  are 
substantial grounds for believing that he or she would be in danger of being subjected to torture, and 
to ensure that minors have a lawyer and a trusted adult present at every phase of a proceeding. 

Convention  on  the 
Rights of the Child 

EN 

40 

EN 

 
  
 
 
 
 
 
 
 
 
CONVENTIONS 
ON 
ENVIRONMENT 
AND 
GOVERNANCE 
PRINCIPLES : 

Montreal  Protocol 
on  Substances  that 
Deplete  the  Ozone 
Layer 

Basel  Convention 
on  the  Control  of 
Transboundary 
of 
Movements 
Hazardous  Wastes 
and Their Disposal 

Stockholm 
Convention 
on 
Persistent  Organic 
Pollutants 

1. Monitoring Body 

Latest recommendations by the monitoring body. 

2. Date of latest Report 

3. Web link 

1.Implementation Committee 

In 2010, no new non-compliance issues reported by the Implementation Committee. 

2. 13 July 2010 

Previous issues have been resolved. 

3. http://ozone.unep.org/ 

http://www.unep.ch/Ozone/Meeting_Documents/impcom/IMPCOM-44-5E.pdf 

Irregular reporting until 2006, but the latest report for 2007 has been submitted. Information on the 
status of national reporting in 2008 not yet published on the Basel website. 

National Implementation Plan submitted on 15.1.2010.  

Article 15 Report has been submitted. 

1. Compliance Committee 

2.N/A 

3.http://www.basel.int/legalmatters/c
ompcommitee/index.html 

No compliance committee 
established yet. Compliance assessed 
through the following: 

- national implementation plan 
required by Art.7 

http://chm.pops.int/Countries/Nation
alImplementation/tabid/253/language
/en-US/Default.aspx 

- national report required by Art. 15 
http://chm.pops.int/Countries/Nation
alReports/FirstRoundofPartyReports/

EN 

41 

EN 

 
  
 
tabid/254/language/en-
US/Default.aspx 

-  contributions  to  the  convention 
budget 
http://chm.pops.int/Countries/Contrib
utions/tabid/374/language/en-
US/Default.aspx 

- 
CITES 
Convention 
on 
International  Trade 
Endangered 
in 
Species 
of  Wild 
Fauna and Flora 

1. Standing Committee 

2. 11 March 2010 

3.http://www.cites.org/common/com/
SC/59/E59-11A.pdf 

Implementing legislation is under review by the CITES Secretariat and is not yet believed to fully 
meet all the requirements for the implementation of CITES (category 2). 

Azerbaijan  has  yet  to  comply  fully  with  Article  VIII,  paragraph  7  of  CITES  which  requires  each 
Party  to  submit  a  biennial  report  on  legislative,  regulatory  and  administrative  measures  taken  to 
enforce the Convention (deadline for the submission being the 31st of October of the year following 
the year for which the report was due) (2003-2004 received). 

Annual Report for 2008 received.  

Convention 
on 
Biological Diversity 

1.  Compliance  assessed  through  the 
following: 

2nd and 3rd national reports not submitted. Fourth national report has been submitted. 

Contributions to the CBD core budget have been paid. 

-  National  Biodiversity  Strategy  and 
Action plan required by Art. 6 

http://www.cbd.int/nbsap/ 

- national report required by Art. 26 

http://www.cbd.int/countries/ 

EN 

42 

EN 

 
  
 
 
Cartagena  Protocol 
on Biosafety 

Kyoto  Protocol  to 
the  United  Nations 
Framework 
Convention 
Climate Change 

on 

1. Compliance Committee 

First Regular National Report (2007) and Interim National Report (2005) have not been submitted. 

2. 23 September 2010 

Contributions for 2010 have been paid. 

3.http://www.cbd.int/doc/meetings/bs
/bscc-07/official/bscc-07-03-en.pdf 

1. Compliance Committee 

No non-compliance proceedings were started against Azerbaijan. 

2. 8 October 2010  

3.http://unfccc.int/resource/docs/201
0/cmp6/eng/06.pdf 

Nations 
United 
Single  Convention 
on Narcotic Drugs 

1.INCB 

2. 24 February 2010 

Convention 
Psychotropic 
Substances 

on 

3.http://www.incb.org/incb/en/annual
-report-2009.html 

Drug abuse remains a serious concern in the Southern Caucasus. In Azerbaijan, the drugs of choice 
are  opioids  and  cannabis,  followed  by  non-prescribed  sedatives  and  tranquillizers.  In  2008,  among 
drug users aged 15-64 years, 70 per cent abused opioids, 20 per cent abused cannabis and 10 per cent 
abused benzodiazepines; among adolescents, 10 per cent abused opioids, 30 per cent abused cannabis 
and  60  per  cent  abused  benzodiazepines.  At  the  end  of  2008,  514  persons  who  abused  drugs  by 
injection were infected with hepatitis or HIV, while 26 of the 48 drug related deaths in the country 
were caused by the abuse of benzodiazepines.  

The  Board  urges  the  Government  of  Azerbaijan  to  closely  monitor  that  worrying  situation  and 
increase  the  resources  allocated  for  the  prevention  and  treatment  of  drug  abuse,  especially  among 
youth. 

1.United  Nation  secretariat  –  Report 
the  United 
on  Compliance  with 
Nations 
against 
Corruption 

Convention 

Articles that need further work for full compliance (as indicated in the self-assessment report) 
Article 9: Azerbaijan did not provide information on legislative or other measures adopted to ensure 
the  existence  of  systems  of  procurement  designed  to  prevent  corruption  and  measures  regarding 
public procurement personnel, in accordance with paragraphs 1 (a) and (e), respectively (mandatory 
reporting items). 

in 
Illicit  Traffic 
Narcotic  Drugs  and 
Psychotropic 
Substances 

United 
Nations 
Convention  against 
Corruption 

EN 

43 

EN 

 
  
 
 
2.  9  September  2009 
distribution) 

(general 

3.http://www.unodc.org/documents/tr
eaties/UNCAC/COSP/session3/V098
6236e.pdf 

Article 23: Concerning domestic measures establishing the range of predicate offences subject to the 
application of anti-money-laundering laws (paras. 2 (a), (b), (c) and (e)), Azerbaijan reported that no 
measures had been taken to implement the provisions. Azerbaijan reported that it had not furnished 
copies of its laws giving effect to article 23 to the Secretary-General, but quoted such laws in its self-
assessment report. 

Article 25: Azerbaijan quoted relevant provisions of its respective criminal codes, but did not provide 
examples of successful implementation (an optional reporting item).Article 52: Azerbaijan reported 
full implementation of measures to prevent and detect transfers of proceeds of crime, in accordance 
with article 52 of the Convention and as required cited applicable legislation, but did not fulfil the 
optional  reporting  item  of  providing  examples  of  successful  implementation  of  the  article  under 
review… Azerbaijan reported that special supervision by the banks’ internal control systems should 
be  applied  to  the  opening  of  corresponding  accounts  of  non-resident  banks  and  to  transactions 
involving such accounts. However, Azerbaijan did not clarify how the establishment of banks with 
no physical presence in Azerbaijan was prevented. 

Article 53: Concerning measures to permit their courts or competent authorities to recognize another 
State party’s claim of legitimate ownership of property proceeds of crime, as prescribed by paragraph 
(c), Azerbaijan reported partial implementation of such measures. 

Article  54:  Reporting  on  measures  to  permit  its  competent  authorities  to  give  effect  to  orders  of 
confiscation  issued  by  courts  of  another  State  party,  as  prescribed  by  paragraph  1  (a),  Azerbaijan 
reported  that  it  had  not  taken  such  measures.  Concerning  the  confiscation  of  property  of  foreign 
origin (para. 1 (b)), Azerbaijan stated that it had not implemented the provision. Azerbaijan indicated 
that  it  had  not  taken  measures  to  permit  the  confiscation  of  property  acquired  through  corruption 
without a criminal conviction (non-mandatory provision, para. 1 (c)) 

Article  55:  Azerbaijan  stated  that  its  legislation  was  in  full  compliance  with  the  provision  under 
review,  but  did  not  substantiate  its  answers  by  providing  examples  of  the  successful  use  or 
implementation  of  the  provision  (an  optional  reporting  item).  With  regard  to  the  identification, 
tracing,  freezing  or  seizure  of  proceeds  of  crime,  as  required  by paragraph  2, Azerbaijan  indicated 
partial compliance. Concerning the contents of requests for orders of confiscation, as prescribed by 
paragraph  3,  Azerbaijan  assessed  its  legislation  as  being  in  full  compliance  but  did  not  provide 
examples of successful implementation (an optional reporting item). 

EN 

44 

EN 

 
  
 
Article  57:  With  regard  to  the  disposal  of  confiscated  property,  as  prescribed  by  paragraph  1, 
Azerbaijan indicated partial compliance with the requirements of the same provision. Reporting on 
measures for the return of confiscated property upon request by another State party, as prescribed by 
paragraph  2  Azerbaijan  indicated  partial  implementation.  Concerning  the  return  of  property 
confiscated  pursuant  to  article  55  of  the  Convention  (art.  57,  para.  3),  Azerbaijan  reported  partial 
implementation of the relevant measures. Azerbaijan reported partial compliance with paragraph 4. 
Azerbaijan  stated  that  it  had  not  taken  measures  to  implement  the  non-mandatory  provision  of 
paragraph 5, on the conclusion of agreements on the final disposal of confiscated property. 

EN 

45 

EN 

 
  
 
3. 

BOLIVIA (BO) 

CONVENTION 

REPORTING STATUS 

RECOMMENDATIONS 

1. Monitoring Body 

Latest recommendations by the monitoring body.  

ILO 
CONVENTIONS 
ON 
CORE 
LABOUR RIGHTS:

-  Freedom  of 
and 
the 

87 
Association 
Protection  of 
Right to Organise 

2. Date of latest Report 

3. Web link 

1. CEACR and CFA 

2. 2010 

3.http://www.ilo.org/wcmsp5/groups/
public/---ed_norm/---
relconf/documents/meetingdocument
/wcms_123424.pdf 

http://www.ilo.org/gb/GBSessions/la
ng--en/docName--
WCMS_146695/index.htm 

98  -  Application  of 
the Principles of the 
Right  to  Organise 
to  Bargain 
and 
Collectively 

1. CEACR and CFA 

2. 2010 

3.http://www.ilo.org/wcmsp5/groups/

The CEACR recalls that for many years its comments have referred to a number of issues concerning 
the General Labour Act of 1942. The Committee expresses the firm hope that in the context of the 
planned  legislative  reform,  further  to  the  adoption  of  the  new  Constitution  (enacted  on  7  February 
2009),  all  of its  comments  will  be  taken  into  account.  The  Committee  requests  the  Government  to 
provide information on any developments in this respect and recalls that, if it so wishes, it may have 
recourse to the technical assistance of the Office. 

The Committee on the Freedom of Association, like the CEACR, considers that criminal sanctions 
should not be imposed on any worker for participating in a peaceful strike and therefore, measures of 
imprisonment should not be imposed on any account; such sanctions may only be imposed if during 
a strike violence against persons or property or other infringements of common law are committed 
for which there are provisions set out in legal instruments and which are punishable there under. The 
Committee also recalls that the principles of freedom of association do not protect abuses consisting 
of criminal acts while exercising the right to strike.  

The Committee requests the Government: (1) to keep it informed as to the ruling that is handed down 
in respect of the trade union officials; and (2) to forward the present report and the abovementioned 
principles to the relevant judicial authority. 

The Committee asks the Government to hold an inquiry into allegations of anti-union dismissals in a 
mining enterprise in the department of Oruro and a telecommunications cooperative in Sucre and if it 
is ascertained that the dismissals were anti-union in origin, to take the necessary steps to remedy the 
measures found to be discriminatory. 

EN 

46 

EN 

 
  
public/---ed_norm/---
relconf/documents/meetingdocument
/wcms_123424.pdf 

http://www.ilo.org/gb/GBSessions/la
ng--en/docName--
WCMS_146695/index.htm 

The  Committee  requests  the  Government  to  take  the  necessary  steps  to  encourage  collective 
bargaining,  including  the  bargaining  of  subjects  other  than  wages  such  as  other  conditions  of 
employment, and to provide information in this regard. 

The Committee expresses the firm hope that in the context of the legislative reforms that are to be 
carried out pursuant to the adoption of the new Constitution, all the Committee’s comments will be 
taken into account. It asks the Government to provide information on any developments in this area 
that concern the new General Labour Act and the Code of Labour Procedure, and reminds it that, if it 
so wishes, it may seek technical assistance from the Office.  

The  Committee  requests  the  Government  to  provide  statistical  information  on  the  number  of 
collective  agreements  in  the  public  sector  and  the  private  sector,  the  subjects  dealt  with  and  the 
number of workers covered. 

29 
-  Forced  or 
Compulsory Labour

- 

Equal 
100 
Remuneration 
of 
Men  and  Women 
Workers  for  Work 
of Equal Value 

1. CEACR 

2. 2010 

3.http://www.ilo.org/wcmsp5/groups/
public/---ed_norm/---
relconf/documents/meetingdocument
/wcms_123424.pdf 

105  -  Abolition  of 
Forced Labour 

1. CEACR 

2. 2010 

3.http://www.ilo.org/wcmsp5/groups/
public/---ed_norm/---
relconf/documents/meetingdocument
/wcms_123424.pdf 

The Committee notes with satisfaction that under article 48(V) of the new Constitution promulgated 
on 7 February 2009, “the State shall promote the integration of women into work and shall ensure 
that women receive the same remuneration as men for work of equal value, in both the public and 
private spheres”. The Committee asks the Government to provide information on steps taken under 
this  constitutional  provision,  including  with  respect  to  the  incorporation  of  the  principle  of  equal 
remuneration for men and women for work of equal value in the labour legislation. 

The Committee expresses the hope that the Government will take the necessary measures to ensure 
that  penalties  involving  compulsory  labour  cannot  be  imposed  for  participation  in  strikes  by 
amending or repealing the legislative provisions which establish such penalties and since, according 
to the Government’s indications, these provisions are not applied in practice, the Committee hopes 
that the Government will take the necessary measures to bring the legislation into conformity with 
the Convention and with existing practice, as described by the Government. 

EN 

47 

EN 

 
  
 
 
 
111 - Discrimination 
in 
of 
Respect 
Employment 
and 
Occupation 

1. CEACR 

2. 2010 

3.http://www.ilo.org/wcmsp5/groups/
public/---ed_norm/---
relconf/documents/meetingdocument
/wcms_123424.pdf 

The  Committee  asks  the  Government  to  provide  information  on  the  legislative  and  policy  changes 
with respect to equality between women and men in employment and occupation as a result of the 
new Constitution. Noting that, under Supreme Decree No. 29894 of 7 February 2009, the Ministry of 
Justice and the Vice-Ministry of Equality of Opportunity are given specific competences with respect 
to  the  formulation  and  implementation  of  plans,  programmes  and  policies  directed  at  promoting 
equality  of  opportunity  between  men  and  women,  the  Committee  asks  the  Government  to  provide 
detailed information on any programmes and policies specifically concerning equality of opportunity 
and  treatment  in  employment  and  occupation  that  have  been  adopted  by  these  bodies  and  their 
implementation. 

138 - Minimum Age 
to 
for  Admission 
Employment 

1. CEACR 

2. 2009 

The  Committee  asks  the  Government  to  take  the  necessary  steps  to  amend  the  provisions  of  the 
national legislation that regulate the age of admission to apprenticeship so as to provide that no one 
under 14 years of age is engaged in an apprenticeship, as required by Article 6 of the Convention. 

3.www.ilo.org/wcmsp5/groups/publi
c/---.../wcms_103484.pdf 

-  Prohibition 
182 
Immediate 
and 
Action 
the 
for 
Elimination  of  the 
of 
Worst  Forms 
Child Labour 

1. CEACR 

2. 2009 

3.www.ilo.org/wcmsp5/groups/publi
c/---.../wcms_103484.pdf 

The Committee urges the Government to take the necessary steps to ensure that the persons using the 
labour  of  children  under  18  years  of  age  in  the  sugar  cane  and  brazil  nut  harvesting  industry  in 
conditions  of  debt  bondage  or  forced  labour  are  prosecuted  and  that  effective  and  dissuasive 
sanctions are applied to them. It requests the Government in this connection on the effect given to the 
provisions  that  apply  to  these  worst  forms  of  child  labour,  including  statistics  on  the  number  and 
nature  of  offences  reported,  the  investigations  held,  prosecutions,  and  the  sentences  and  penal 
sanctions applied. 

The Committee requests the Government to take the necessary steps as a matter of urgency to ensure 
that  no  child under  18 years  of  age  shall  engage  in hazardous  work  in  mining.  It  also  requests  the 
Government  to  provide  information  on  the  application  in  practice  of  the  legislation  governing 
hazardous work, including statistics on the number and nature of offences reported, the investigations 
held, prosecutions, the sentences and penalties applied. 

EN 

48 

EN 

 
  
 
 
The  Committee  strongly  encourages  the  Government  to  step  up  its  efforts  and  to  take  time-bound 
measures, particularly in implementing the Three Year Plan 2006–08 and PNEPTI 2000–10 to: (a) 
prevent children from being placed in debt bondage or forced labour in the sugar cane and brazil nut 
harvesting industry; and (b) provide the necessary and appropriate direct assistance for the removal 
of  children  from  these  worst  forms  of  child  labour.  It  requests  the  Government  to  provide 
information on the results obtained. Finally, it requests the Government to send information on the 
measures taken to ensure the rehabilitation of these children. 

The Committee requests the Government to provide information on the time-bound measures taken 
under the Provisional Inter-ministerial Plan 2007–08 for the Guarani people, in order to prevent the 
children of these people falling into debt bondage or forced or compulsory labour. The Committee 
also requests the Government to provide a copy of the National Plan for the Elimination of Forced 
Labour as soon as it is adopted. 

1. Monitoring Body 

Latest recommendations by the monitoring body. 

2. Date of latest Report 

3. Web link 

UN 
CONVENTIONS 
CORE 
ON 
HUMAN RIGHTS: 

Convention  on  the 
Prevention 
and 
Punishment  of  the 
Crime of Genocide 

International 
Convention  on  the 
Elimination  of  All 
Forms  of  Racial 
Discrimination 

International 
Covenant  on  Civil 
and Political Rights 

EN 

49 

EN 

 
  
 
 
 
 
 
 
 
 
International 
on 
Covenant 
Economic, 
Social 
and Cultural Rights 

1. CESCR 

2. 8 August 2008 

3. http://daccess-dds-
ny.un.org/doc/UNDOC/GEN/G08/43
5/89/PDF/G0843589.pdf?OpenElem
ent 

The  Committee  recommended  that  the  State  party  should  intensify  its  efforts  to  adopt  a  new 
Constitution and  move  forward  in  the  process  of  institution-building,  to  take  all  necessary  steps  to 
reduce extreme poverty and to implement effectively its social development strategies, to continue its 
efforts  to  guarantee  a  sufficient  minimum  wage,  to  redouble  its  efforts  to  eliminate  child  labour, 
especially  in  domestic  service,  taking  all  appropriate  legislative  and  practical  measures  to 
compensate families that stop receiving income from child labour, to protect the rights of workers, to 
confront the problem of female mortality caused by illegal abortions, to take effective measures and 
providing funds to combat discrimination in the education of girls and young women and to intensify 
its efforts to combat domestic violence by enacting specific legislation criminalizing it 

International 
Convention  on  the 
Suppression 
and 
Punishment  of  the 
Crime of Apartheid 

Convention  on  the 
Elimination  of  All 
Forms 
of 
Discrimination 
against Women 

1. CEDAW 

2. 8 April 2008 

3. http://daccess-dds-
ny.un.org/doc/UNDOC/GEN/N08/29
8/14/PDF/N0829814.pdf?OpenElem
ent 

The  Committee  commended  the  State  party  for  having  ratified  the  Optional  Protocol  to  the 
Convention in 2000. The Committee urged the State party to take the necessary measures to ensure 
the  full  implementation  of  existing  legislation  on  gender  equality  and  streamline  procedures  for 
review  of  the  compatibility  of  those  laws  with  the  Convention  and  to  repeal  without  delay  all 
legislation that discriminates against women. It further recommended the State party to enhance the 
institutional status of the national machinery for the advancement of women, ensure that all poverty 
eradication policies and programmes integrate a gender perspective, enable men and women in the 
Afro-Bolivian community to have access to all basic social services, create conditions for women to 
have access to justice, to expedite and facilitate the process of registration of women, develop and 
implement policies aimed at eliminating stereotypes associated with traditional roles, to promulgate 
and fully implement its legislation on trafficking and sexual exploitation of human beings, tackle the 
root cause of trafficking and sexual exploitation, to adopt dynamic and effective policies to increase 
women’s participation at all levels of professional and public life, including implementing the draft 
Law  against  Political  Harassment  of  Women,  to  adopt  a  gender-sensitive  employment  policy  to 
address  women  in  the  informal  sector  and  to  address  the  issue  of  child  labour  in  general,  and  the 
vulnerable situation of girls in particular, and to rectify the weaknesses in the design and allocation 
of  financial  resources  to  the  National  Plan  for  the  Progressive  Elimination  of  the  Worst  Forms  of 
Child Labour (2000-2010). 

EN 

50 

EN 

 
  
 
 
 
Convention  against 
Torture  and  Other 
Cruel,  Inhuman  or 
Degrading 
Treatment 
Punishment 

or 

Convention  on  the 
Rights of the Child 

1. CRC 

2. 16 October 2009 

3. http://daccess-dds-
ny.un.org/doc/UNDOC/GEN/G09/45
5/32/PDF/G0945532.pdf?OpenElem
ent 

The Committee welcomed the adoption of the new Constitution (2009), which included a chapter on 
child rights. 

The Committee urged the State party to take all necessary measures to address the recommendations 
from  the  concluding  observations  on  the  third  periodic  report  that  had  not  yet  been  implemented, 
notably those related to the adoption of a national plan of action for children, the low and unequal 
legal  minimum ages for contracting marriage, corporal punishment, children without parental care, 
police  brutality,  juvenile  justice  and  children  deprived  of  their  liberty  together  with  adults.  The 
Committee  further  recommended  the  progressive  setting  up  of  Municipal  Child  Defence  Offices, 
including  in  rural  communities,  and  that  they  be  provided  with  adequate  human,  financial  and 
technical  resources,  that  the  State  party  establish  a  Children’s  Ombudsman,  encourage  the  media 
sector  to  establish  professional  codes  of  ethics  taking  into  account  the  rights  of  the  child,  set  the 
minimum age for marriage at a higher and equal level, ensure registration of all children, especially 
in  rural  areas,  take  steps  to  identify  all  children  who  have  not  been  registered,  expressly  prohibit 
corporal  punishment  by  law  in  all  settings  and  promote  positive,  non-violent  forms  of  discipline, 
including family education and awareness through accessible training opportunities for parents, take 
effective  measures  to  prevent  adolescents  from  drug,  tobacco  and  alcohol  abuse,  strengthen  the 
efforts  to  combat  HIV/AIDS  through  ensuring  availability  of  contraceptives  through  awareness-
raising campaigns, ensure free primary education, ensure that also girls and indigenous children fully 
realize  their  right  to  education,  make  parents  aware  of  the  importance  of  early  childhood 
development  and  education,  prevent  children  under  the  minimum  age  from  working  in  the  formal 
and informal sector, address the issue of children in street situations in cooperation with the children 
themselves, and ensure that children in conflict with the law are always dealt with within the juvenile 
justice system. 

EN 

51 

EN 

 
  
 
 
 
 
CONVENTIONS 
ON 
ENVIRONMENT 
AND 
GOVERNANCE 
PRINCIPLES : 

Montreal  Protocol 
on  Substances  that 
Deplete  the  Ozone 
Layer 

Basel  Convention 
on  the  Control  of 
Transboundary 
of 
Movements 
Hazardous  Wastes 
and Their Disposal 

Stockholm 
Convention 
on 
Persistent  Organic 
Pollutants 

1. Monitoring Body 

Latest recommendations by the monitoring body. 

2. Date of latest Report 

3. Web link 

1.Implementation Committee 

In 2010, no new non-compliance issues reported by the Implementation Committee. 

2. 13 July 2010 

Previous issues have been resolved. 

3. http://ozone.unep.org/ 

http://www.unep.ch/Ozone/Meeting_Documents/impcom/IMPCOM-44-5E.pdf 

1. Compliance Committee 

Only 3 reports submitted until 2006 and the latest report for 2007 has not been submitted.  

2. N/A 

Information on the status of national reporting in 2008 not yet published on the Basel website. 

National report not submitted, but National implementation plan submitted. 

The  second  reporting  cycle  has  just  been  initiated.  The  reports  received  from  the  Parties  will  be 
published  once  the  submissions  are  completed.  According  to  decision  SC-4/30,  the  deadline  for 
report submissions is 31 October 2010. 

3.http://www.basel.int/legalmatters/c
ompcommitee/index.html 

1. No compliance committee 
established yet. Compliance assessed 
through the following: 

- national implementation plan 
required by Art.7 

http://chm.pops.int/Countries/Nation
alImplementation/tabid/253/language
/en-US/Default.aspx 

- national report required by Art. 15 
http://chm.pops.int/Countries/Nation
alReports/FirstRoundofPartyReports/

EN 

52 

EN 

 
  
 
- 
CITES 
Convention 
on 
International  Trade 
Endangered 
in 
Species 
of  Wild 
Fauna and Flora 

tabid/254/language/en-
US/Default.aspx 

-  contributions  to  the  convention 
budget 
http://chm.pops.int/Countries/Contrib
utions/tabid/374/language/en-
US/Default.aspx 

1. Standing Committee 

2. 11 March 2010 

Implementing legislation is under review by the CITES Secretariat and is not yet believed to fully 
meet all the requirements for the implementation of CITES (category 2).  

3.http://www.cites.org/common/com/
SC/59/E59-11A.pdf 

In May 2009, the CITES Management Authority of Bolivia informed the Secretariat that, during the 
fourth quarter of 2008, it had revised its draft legislation to align it with the CITES Model Law and 
had undertaken consultations with other CITES authorities and stakeholders. 

Bolivia  has  yet  to  comply  with  Article  VIII,  paragraph  7  of  CITES  which  requires  each  Party  to 
submit a biennial report on legislative, regulatory and administrative measures taken to enforce the 
Convention (deadline for the submission being the 31st of October of the year following the year for 
which the report was due). Bolivia has never submitted a biennial report. 

Annual reports submitted until 2007. 

Convention 
on 
Biological Diversity 

1.  Compliance  assessed  through  the 
following: 

2nd, 3rd and 4th national reports not submitted.  

There are significant unpaid mandatory contributions to the CBD core budget. 

-  National  Biodiversity  Strategy  and 
Action plan required by Art. 6 

http://www.cbd.int/nbsap/ 

- national report required by Art. 26 

http://www.cbd.int/countries/ 

EN 

53 

EN 

 
  
Cartagena  Protocol 
on Biosafety 

1. Compliance Committee 

The  Interim  National  Report  (2005)  has  been  submitted.  First  Regular  National  Report  (2007)  has 
not been submitted.  

2. 23 September 2010 

3.http://www.cbd.int/doc/meetings/bs
/bscc-07/official/bscc-07-03-en.pdf 

Some unpaid mandatory contributions to the core budget. 

1. Compliance Committee 

No non-compliance proceedings were started against Bolivia. 

2. 8 October 2010  

3.http://unfccc.int/resource/docs/201
0/cmp6/eng/06.pdf 

Kyoto  Protocol  to 
the  United  Nations 
Framework 
Convention 
Climate Change 

on 

United 
Nations 
Single  Convention 
on Narcotic Drugs 

1.INCB 

2. 24 February 2010 

Convention 
Psychotropic 
Substances 

on 

3.http://www.incb.org/incb/en/annual
-report-2009.html 

Illicit  Traffic 
in 
Narcotic  Drugs  and 
Psychotropic 
Substances 

General: 
The Board notes with concern that both the reported total area under coca bush cultivation and the 
expected  coca  leaf  production  have  increased  over  the  past  few  years  in  the  Plurinational  State  of 
Bolivia.  The  Board  recalls  the  expressed  commitment  of  the  Government  when  introducing  its 
present policies towards coca bush cultivation and coca leaf production: zero tolerance of trafficking 
in cocaine and all related activities (cultivation, production etc.). The Board urges the Government of 
the  Plurinational  State  of  Bolivia  to  adopt  more  effective  policies  and  strengthen  its  efforts  to 
eradicate illicit coca bush cultivation in the country, as well as to address in a decisive manner the 
illicit manufacture of and trafficking in cocaine. 

Specific: 
The Board notes with concern that, despite the social control measures currently being pursued by 
the  Government  with  the  aim  of  reducing  coca  bush  cultivation  and  coca  leaf  production  in  the 
country,  both  the  reported  total  area  under  coca  bush  cultivation  and  the  expected  coca  leaf 
production  have  increased  over  the  past  few  years.  The  Board  urges  the  Bolivian  Government  to 
adopt more effective policies and to take a more proactive role in the elimination of illicit coca bush 
cultivation  and  coca  leaf  production  in the  country,  as  well  as  to  address  in  a  decisive  manner  the 
illicit  manufacture  of  and  trafficking  in  cocaine.  The  Board  underlines  that  measures  to  promote 
alternative  development  in  areas  affected  by  coca  bush  cultivation,  accompanied  by  sustained  law 
enforcement efforts to prevent the re-emergence of such cultivation, are essential to the achievement 
of  a  lasting  reduction  in  and  the  eventual  elimination  of  the  illicit  production  of  coca  leaf  and 

EN 

54 

EN 

 
  
 
 
manufacture of cocaine in the country. This illustrates the fact that it is difficult for a Government to 
control licit drug production when faced with thriving local drug trafficking. 

Coca leaf is defined as a narcotic drug in the 1961 Convention The Board is aware of the right of 
States parties to the 1961 Convention to propose amendments to the Convention in accordance with 
article 47. In fact, the Board has provided the Bolivian Government with relevant information on the 
proper  mechanism  for  changing  the  scope  of  the  Convention.  The  Board  wishes  to  remind  the 
Government  that  until  such  amendments  are  effected,  all  the  uses  of  coca  leaf  considered  by  the 
Government  as  traditional,  including  coca-leaf  chewing  and  the  manufacture  and  consumption  of 
coca tea, as well as all other products derived from the coca leaf of which alkaloids have not been 
removed,  continue  to  be  illicit  activities  under  the  terms  of  the  Convention.  In  so  far  as  coca  leaf 
remains  under  international  control,  the  Plurinational  State  of  Bolivia,  as  a  party  to  the  1961 
Convention as amended by the 1972 Protocol, must ensure full compliance with its obligations under 
the  Convention,  including  the  obligation  to  eliminate  all  uses  of  coca  leaf  for  purposes  other  than 
those provided for in the Convention. 

The  Board,  in  response  to  the  above-mentioned  developments  in  drug  control  in  the  country,  has 
strengthened  its  dialogue  with  the  Bolivian  Government  over  the  past  few  years.  In  particular,  the 
Board  sent  a  mission  to  the  country  in  2007,  to  discuss  with  competent  national  authorities  the 
Government’s policies on coca bush cultivation and coca leaf production, as well as progress made 
by the Government in that regard since the previous mission of the Board to that country, in 2001. 
The  Board  notes  with  regret  that  the  Government  has  yet  to  implement  almost  all  the 
recommendations made pursuant to the 2001 mission. 

In Bolivia (Plurinational State of), the area under illicit coca bush cultivation increased for the third 
consecutive  year.  The  Board,  concerned  about  the  continued  increase  in  the  total  area  under  illicit 
coca  bush  cultivation  in  Bolivia  (Plurinational  State  of),  urges  the  Government  to  take  appropriate 
measures  to  reverse  the  trend.  The  Board  wishes  to  remind  the  Governments  of  all  countries 
concerned, in particular the Government of the Plurinational State of Bolivia, that unless any further 
amendments  to  the  1961  Convention  are  put  into  effect,  the  use  or  importation  of  coca  leaf  from 
which  cocaine  has  not  been  extracted,  for  purposes  other  than  those  allowed  under  the  1961 
Convention,  constitutes  a  breach  of  obligations  under  the  Convention  (see  paragraphs  156-166 
above). 

The Board calls on the Governments of Bolivia (Plurinational State of) to enhance its programmes to 

EN 

55 

EN 

 
  
reduce  illicit  drug  supply  in  order  to  address  the  increasing  illicit  cultivation  of  coca  bush  in  the 
country,  which  is  apparently  a  result  of  drug  traffickers’  attempts  to  offset  the  decline  in  the  total 
area under coca bush cultivation in Colombia. 

The  Board  urges  the  Governments  of  Bolivia  (Plurinational  State  of),  in  spite  of  perceived 
difficulties  in  combating  illicit  manufacture  of  and  trafficking  in  cocaine,  not  to  reduce  efforts  in 
those areas and to address in a decisive manner the increasing illicit cultivation of coca bush on its 
territory. At the same time, the Board believes that  measures to  provide legitimate and sustainable 
alternative  livelihoods,  accompanied  by  continued  law  enforcement  efforts  to  prevent  the  re-
emergence of illicit crop cultivation, are essential to achieving a lasting reduction in the production 
of coca and other narcotic drugs in South America. 

Despite the dismantling of a large number of cocaine laboratories in the Plurinational State of Bolivia 
in  recent  years,  the  seizures  of  potassium  permanganate  reported  in  the  country  remained  low, 
totalling  less  than  500  kg  in  the  period  2000-2008.  The  Board  notes  with  concern  that,  with  the 
exception of the clandestine potassium permanganate laboratories seized in Colombia, the origin of 
the potassium permanganate seized in South American countries remains unknown. The Board calls 
on the Governments of countries in the Americas and the regional members of the Project Cohesion 
Task  Force  to  devise  strategies  to  address  the  smuggling  of  potassium  permanganate  into  the 
cocaine-manufacturing areas of South America 

Bolivia is not mentioned in the report – no specific recommendations. 

United 
Nations 
Convention  against 
Corruption 

1.United  Nation  secretariat  –  Report 
the  United 
on  Compliance  with 
Nations 
against 
Corruption 

Convention 

2.  9  September  2009 
distribution) 

(general 

3.http://www.unodc.org/documents/tr
eaties/UNCAC/COSP/session3/V098
6236e.pdf 

EN 

56 

EN 

 
  
4. 

COLOMBIA (CO) 

CONVENTION 

REPORTING STATUS 

RECOMMENDATIONS 

ILO 
CONVENTIONS 
ON 
CORE 
LABOUR RIGHTS:

-  Freedom  of 
and 
the 

87 
Association 
Protection  of 
Right to Organise 

1. Monitoring Body 

Latest recommendations by the monitoring body. 

2. Date of latest Report 

3. Web link 

1. CEACR and CFA 

2. 2010 

3.http://www.ilo.org/wcmsp5/gro
ups/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_123424.pdf; 

The  Committee  recalls  that  for  many  years  it  has  been  examining  allegations  of  violence  against  trade 
unionists and the situation of impunity, at which it has expressed its concern. The Committee once again 
expresses  deep  regret  at  the  murders  and  acts  of  violence  against  trade  unionists  which  have  been 
occurring  for  many  years  and  those  that  have  occurred  in  2009,  since  the  previous  examination  of  the 
application of the Convention. Taking into account the gravity of the situation, the Committee recognizes 
all the measures, of a practical and legislative nature, that the Government has been adopting recently to 
combat violence in general and violence against the trade union movement and it notes a decrease in the 
murders of trade unionists between 2008 and 2009, and in violence in general. The Committee hopes that 
the  new  measures  will  make  it  possible  to  combat  violence  against  trade  unionists  effectively  and  will 
lead  to  the  conviction  of  those  responsible.  The  Committee  requests  the  Government  to  indicate  in  its 
next report on any developments in this respect. 

The  Committee  requests  the  Government  to  provide  information  in  its  next  report  on  the  following 
legislative issues that are still pending: right of workers, without distinction whatsoever, to establish and 
join  organizations;  right  to  establish  organizations  without  previous  authorization;  right  of  workers’ 
organizations to organize their activities and to formulate their programmes; Restrictions imposed on the 
activities of federations and confederations. 

http://www.ilo.org/wcmsp5/grou
ps/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_124972.pdf 

With regard to the allegations of violent repression  of a trade union meeting, banning of a strike, anti-
union dismissals and arrest of trade unionists, the Committee on the Freedom of Association requests the 
Government to keep it informed of the outcome of the administrative inquiry and of the ruling handed 
down on the complaint lodged by the company in connection with the damage caused to its installations. 

With  regard  to  the  banning  of  the  work  stoppage  by  the  workers  affiliated  to  SINTRAIME,  the 

EN 

57 

EN 

 
  
 
 
 
 
 
Committee requests the Government to keep it informed of the outcome of the appeal for protection 
lodged by the company against SINTRAIME for violating the freedom to work of non-strikers and 
to send it a copy of the relevant ruling. 

With  regard  to  the  anti-union  dismissals  alleged  by  FUNTRAENERGETICA  (a  committee  of  several 
union leaders), the Committee requests the Government to provide information without delay. 

98  -  Application  of 
the Principles of the 
Right  to  Organise 
to  Bargain 
and 
Collectively 

1. CEACR and CFA 

2. 2010 

3.http://www.ilo.org/wcmsp5/gro
ups/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_123424.pdf; 

With  regard  to  collective  bargaining  in  the  public  sector,  the  Committee  notes  with  satisfaction  the 
adoption  of  Decree  no.535  and  requests  the  Government  to  continue  dialogue  with  trade  union 
organizations with a view to improving the Decree and to keep it informed on this matter. The Committee 
is aware that the Decree is very short, can be improved and establishes principles which probably require 
further  regulation  to  comply  more  effectively  with  its  objectives  and  to  extend  in  practice  collective 
agreements  in  the  various  institutions.  While  from  a  technical  viewpoint  such  regulation  may  well  be 
appropriate, the Committee recalls that the Convention does not require exhaustive regulation, but rather 
is compatible with systems that envisage a minimum of interference by the State in collective bargaining 
in the public sector. 

http://www.ilo.org/wcmsp5/grou
ps/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_124972.pdf 

While recalling that collective accords negotiated directly with workers should not be used to undermine 
the position of trade union organizations, the Committee requests the Government to provide information 
on  the  measures  adopted  to  encourage  and  promote  the  full  development  and  utilization  of  voluntary 
collective bargaining, in accordance with Article 4 of the Convention, and to ensure that the conclusion 
of collective accords negotiated directly with the workers is only possible in the absence of a trade union 
and that it is not carried out in practice for anti-union purposes. 

As regards the allegations that, in the context of the liquidation of the Cali Public Sanitation Services, the 
collective  agreement  in  force  was  not  observed  with  respect  to  the  compensation  and  pension  benefits 
linked to the dismissals, the Committee on the Freedom of Association requests the Government to keep 
it  informed  on  the  views  expressed  in  the  allegations  and  of  the  final  outcome  of  the  abovementioned 
judicial  proceedings.  The  Committee  further  expects  that  freedom  of  association  and  collective 
bargaining  rights  are  respected  in  the  labour  cooperative  currently  carrying  out  the  work  previously 
carried out by the company. 

EN 

58 

EN 

 
  
 
 
 
 
 
 
 
-  Forced  or 
29 
Compulsory Labour

- 

Equal 
100 
Remuneration 
of 
Men  and  Women 
Workers  for  Work 
of Equal Value 

1. CEACR  

2. 2010 

3.http://www.ilo.org/wcmsp5/gro
ups/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_123424.pdf 

The Committee notes that the Government's report does not supply any information on the Committee's 
comments regarding the communication of 15 August 2007 from the Single Confederation of Workers of 
Colombia  (CUT)  concerning  the  narrow  definition  of  remuneration  in  the  legislation.  The  Committee 
asks the Government once again to take the necessary steps to ensure that account is taken not only of the 
ordinary, basic or minimum wage or salary but also of “any additional emoluments whatsoever payable 
directly or indirectly, whether in cash  or in kind, by the employer to the worker and arising out of the 
worker’s employment” to ensure equal remuneration for men and women for work of equal value. The 
Committee asks the Government to include information in this respect in its next report. 

The Committee urges the Government to amend the legislative provisions to bring them into line with the 
principle of equal remuneration for men and women for work of equal value, and to provide information 
on steps taken in this regard.  

The Committee again asks the Government to supply information in its next report on the way in which it 
collaborates with the employers’ and workers’ organizations concerned in order to apply the provisions 
of the Convention, and in particular on any training activities relating to the principle of the Convention 
and the adoption of measures for promoting objective job evaluation on the basis of the tasks involved. 

The Committee would welcome further information on the results of, and follow-up to, research on the 
gender wage gap. The Committee asks the Government once again to supply statistical information to the 
extent possible, in accordance with its 1998 general observation. 

105  -  Abolition  of 
Forced Labour 

111 - Discrimination 
of 
Respect 
in 
and 
Employment 

1. CEACR 

2. 2009 

The  Committee  requests  the  Government  to  take  effective  measures  to  ensure  that  there  is  no 
discrimination in access to employment and in employment on grounds of social origin, race, colour, or 
physical characteristics. It also asks the Government to take measures to ensure that no investigations are 

EN 

59 

EN 

 
  
 
 
 
 
 
 
 
Occupation 

3.www.ilo.org/wcmsp5/groups/p
ublic/---.../wcms_103484.pdf 

carried out into applicants’ social backgrounds resulting in discrimination based on social origin, and to 
take measures to prohibit discriminatory job announcements, in both law and practice, and to promote the 
employment of Afro-Colombians and indigenous people. Provide information on the steps taken in this 
regard.  The  Government  is  also  asked  to  provide  detailed  information  on  the  employment  situation  of 
indigenous and Afro-Colombian peoples, including those living in the Pacific coast area. 

The  Committee  asks  the  Government  to  provide  the  information  requested  together  with  replies  to  the 
questions raised by the Committee in its comments of 2007. 

138 - Minimum Age 
to 
for  Admission 
Employment 

-  Prohibition 
182 
Immediate 
and 
Action 
the 
for 
Elimination  of  the 
Worst  Forms 
of 
Child Labour 

1. CEACR 

2. 2009 

3.www.ilo.org/wcmsp5/groups/p
ublic/---.../wcms_103484.pdf 

The  Committee  requests  the  Government  to  take  immediate  and  effective  measures  to  put  a  stop  in 
practice to the forced or compulsory recruitment of children for use in armed conflict and proceed with 
the full and immediate demobilization of all children. With reference to Security Council resolution 1612 
of  26  July  2005,  which  recalls  “the  responsibilities  of  States  to  end  impunity  and  to  prosecute  those 
responsible  for  genocide,  crimes  against  humanity,  war  crimes  and  other  egregious  crimes  perpetrated 
against children”, the Committee urges the Government to ensure that investigations and prosecutions of 
offenders  are  undertaken  and  that  effective  and  deterrent  penalties  are  imposed  on  any  person  found 
guilty of recruiting or using children under 18 years of age for the purpose of armed conflict. It requests 
the Government to supply information in this regard. 

The  Committee  requests  the  Government  to  supply  information  on  the  implementation  of  national 
programmes  and  projects  for  the  prevention  and  elimination  of  the  forced  recruitment  of  children  into 
illegal armed groups adopted under the “National Strategy for preventing and eliminating the worst forms 
of child labour and protecting young workers (2008–15)”, and on the results achieved. 

The  Committee  strongly  encourages  the  Government  to  continue  its  efforts  and  take  steps  to  remove 
children  from  armed  conflict  and  ensure  their  rehabilitation  and  social  integration.  In  this  regard,  it 
requests  the  Government  to  supply  information  on  the  number  of  children  under  18  years  of  age  who 
have been rehabilitated and reintegrated into their communities as a result of these measures. 

EN 

60 

EN 

 
  
 
 
 
UN 
CONVENTIONS 
ON 
CORE 
HUMAN RIGHTS: 

Convention  on  the 
Prevention 
and 
Punishment  of  the 
Crime of Genocide 

International 
Convention  on  the 
Elimination  of  All 
Forms  of  Racial 
Discrimination 

International 
Covenant  on  Civil 
and Political Rights 

EN 

1. Monitoring Body 

Latest recommendations by the monitoring body. 

2. Date of latest Report 

3. Web link 

1. CERD 

2. 28 August 2009 

3. http://daccess-dds-
ny.un.org/doc/UNDOC/GEN/G0
9/446/23/PDF/G0944623.pdf?Op
enElement 

The Committee welcomed the human rights provisions in the Constitution which enshrine the principles 
of non-discrimination, recognise ethnic and cultural diversity and provide that the State should undertake 
measures in favour of discriminated or marginalised groups in order to achieve equality in practice. The 
Committee noted the extensive legal framework adopted to promote the rights of Afro-Colombians and 
indigenous peoples. 

The  Committee  recommended  the  State  party  to  intensify  its  efforts  to  protect  Afro-Colombian  and 
indigenous  communities  against  serious  human  rights  violations,  to  protect  the  security  of  Afro-
Colombian  and  indigenous  leaders  and  to  pay  particular  attention  to  the  rights  of  Afro-Colombian  and 
indigenous  women  and  children,  to  ensure  the  effective  implementation  of  reparations,  including 
restitution of lands, to ensure that collective land ownership of Afro-Colombian and indigenous peoples 
is recognised, respected and can be exercised in practice by reducing bureaucratic claims procedures, to 
reinforce  the  provision  of  legal  advice  and  ensure  that  adequate  interpretation  in  court  proceedings  is 
provided  in  indigenous  languages,  to  improve  the  standard  of  living  for  Afro-Colombian  women  and 
children, including improved access to clean water and sewage systems. 

61 

EN 

 
  
 
 
 
 
 
 
 
 
 
International 
on 
Covenant 
Economic, 
Social 
and Cultural Rights 

1. CESR 

2. 21 May 2010 

The  Committee  welcomed  the  ratification  by  the  State  party  of  the  Rome  Statute  on  the  International 
Criminal  Court,  the  Optional  Protocol  to  the  Convention  on  the  Elimination  of  all  Forms  of 
Discrimination against Women and the Optional Protocol to the Convention of the Rights of the Child on 
the involvement of children in armed conflict. 

3.http://www2.ohchr.org/english/
bodies/cescr/docs/co/E.C.12.CO
L.CO.5_AUV.doc 

The Committee urged the State party to take immediate and effective measures to address the ongoing 
armed violence. The Committee recommended that the State party take concrete measures to review the 
processes  concerning  infrastructure,  development  and  mining  projects,  to  ensure  that  economic,  social 
and cultural rights are taken into account in all free trade agreements, to design specific strategies aimed 
at  creating  employment  opportunities  for  young  persons,  women,  indigenous  and  afro-Colombian 
peoples,  to  protect  trade-unionists  by  enhancing  the  National  Programme  of  Protection,  to  review  its 
taxation system, so as to reduce inequalities between different groups, to strengthen its efforts aimed at 
preventing  and  eliminating  violence  against  women  and  in  combating  trafficking  in  children,  to 
implement the legal minimum marriage age of 18 years for girls and boys, to ensure that all children born 
in  the  State  party  are  registered,  to  adopt  an  effective  national  food  policy  to  combat  hunger  and 
malnutrition, to adopt a national water policy to ensure universal access to safe drinking water, to ensure 
access to adequate housing, in particular for disadvantaged and marginalized individuals and families, to 
take all necessary measures to ensure that health care services are accessible to those living in poverty, to 
provide  alternative  and  sustainable  development  activities  for  farmers  currently  involved  in  illicit  coca 
production and to combat illiteracy, including by carrying out awareness campaigns to sensitize parents. 

International 
Convention  on  the 
Suppression 
and 
Punishment  of  the 
Crime of Apartheid 

Convention  on  the 
Elimination  of  All 
Forms 
of 
Discrimination 
against Women 

EN 

62 

EN 

 
  
 
 
 
 
 
 
Convention  against 
Torture  and  Other 
Cruel,  Inhuman  or 
Degrading 
Treatment 
Punishment 

or 

Convention  on  the 
Rights of the Child 

CONVENTIONS 
ON 
ENVIRONMENT 
AND 
GOVERNANCE 
PRINCIPLES : 

Montreal  Protocol 
on  Substances  that 
Deplete  the  Ozone 
Layer 

1. CAT 

2. 4 May 2010 

The  Committee  noted  with  satisfaction  the  efforts  being  made  by  the  State  party  to  reform  legislation, 
policies  and  procedures  with  the  aim  of  ensuring  better  protection  of  the  right  not  to  be  subjected  to 
torture or other cruel, inhuman or degrading treatment or punishment. 

3.http://www2.ohchr.org/english/
bodies/cat/docs/co/CAT.C.COL.
CO4.pdf 

The  Committee  recommended  the  State  party  to  establish  a  centralized  system  making  it  possible  to 
identify  all  cases  of  torture,  to  adopt  the  necessary  measures  to  ensure  that  crimes  of  torture  are 
prosecuted  as  a  separate  offence,  to  guarantee  fully  the  integrity  and  security  of  persons  working  in 
agencies concerned with the administration of justice, to strengthen the Early Warning System in order to 
prevent  displacement  and  other  gross  human  rights  violations,  to  take  steps  to  eradicate  preventive 
administrative detention and mass arrests, to put an immediate end to the harassment by Administrative 
Department for Security (DAS) agents of human rights defenders, to pay attention to gender issues and to 
victims who are children, Afro-Colombians or indigenous people, to adopt effective measures to ensure 
the return of land to victims of displacement, to investigate and firmly punish sexual violence reportedly 
committed by the security forces and to prevent the recruitment of children. 

1. Monitoring Body 

Latest recommendations by the monitoring body. 

2. Date of latest Report 

3. Web link 

1.Implementation Committee 

In 2010, no new non-compliance issues have been reported by the Implementation Committee. 

2. 13 July 2010 

http://www.unep.ch/Ozone/Meeting_Documents/impcom/IMPCOM-44-5E.pdf 

3. http://ozone.unep.org/ 

EN 

63 

EN 

 
  
 
 
 
 
 
Basel  Convention 
on  the  Control  of 
Transboundary 
Movements 
of 
Hazardous  Wastes 
and Their Disposal 

Stockholm 
on 
Convention 
Persistent  Organic 
Pollutants 

1. Compliance Committee 

All reports have been submitted. No non-compliance proceedings started against Colombia. 

All contributions have been paid. 

National report and National implementation plan submitted.  

2.25 June 2009 

3.http://www.basel.int/legalmatte
rs/compcommitee/index.html 

1. No compliance committee 
established yet. Compliance 
assessed through the following: 

- national implementation plan 
required by Art.7 

http://chm.pops.int/Countries/Nat
ionalImplementation/tabid/253/la
nguage/en-US/Default.aspx 

- national report required by Art. 
15 
http://chm.pops.int/Countries/Nat
ionalReports/FirstRoundofParty
Reports/tabid/254/language/en-
US/Default.aspx 

-  contributions  to  the  convention 
budget 
http://chm.pops.int/Countries/Co
ntributions/tabid/374/language/e
n-US/Default.aspx 

EN 

64 

EN 

 
  
 
 
 
- 
CITES 
Convention 
on 
International  Trade 
Endangered 
in 
Species 
of  Wild 
Fauna and Flora 

1. Standing Committee 

Annual Report for 2009 submitted (no biennial reports submitted yet). 

2. 11 March 2010 

3.http://www.cites.org/common/c
om/SC/59/E59-11A.pdf 

Convention 
on 
Biological Diversity 

1. Compliance assessed through 
the following: 

4th National Report has been submitted in September 2010. 

Some mandatory contributions missing. 

- National Biodiversity Strategy 
and Action plan required by Art. 
6 

http://www.cbd.int/nbsap/ 

- national report required by Art. 
26 

http://www.cbd.int/countries/ 

to 

level  of  payments: 

Link 
http://www.cbd.int/convention/p
arties/contributions.shtml?tab=2 

Cartagena  Protocol 
on Biosafety 

1. Compliance Committee 

All reports submitted.  

2. 23 September 2010 

Some contributions missing.  

3.http://www.cbd.int/doc/meetin
gs/bs/bscc-07/official/bscc-07-
03-en.pdf 

No non-compliance proceedings.  

EN 

65 

EN 

 
  
 
 
 
 
Kyoto  Protocol  to 
the  United  Nations 
Framework 
Convention 
Climate Change 

on 

1. Compliance Committee 

No non-compliance proceedings started against Colombia 

2. 8 October 2010  

3.http://unfccc.int/resource/docs/
2010/cmp6/eng/06.pdf 

United 
Nations 
Single  Convention 
on Narcotic Drugs 

1.INCB 

2. 24 February 2010 

Convention 
Psychotropic 
Substances 

on 

3.http://www.incb.org/incb/en/an
nual-report-2009.html 

Illicit  Traffic 
in 
Narcotic  Drugs  and 
Psychotropic 
Substances 

General:  
Surveys conducted by the Government and UNODC indicate that in 2008 illicit coca bush cultivation in 
Colombia  declined  substantially  compared  with  the  previous  year  and  that  such  cultivation  returned  to 
levels recorded at the beginning of the decade. The Board encourages the  Government of  Colombia to 
continue its eradication program and to further strengthen its efforts in addressing drug abuse and drug 
trafficking in the country. 

Specific: 
The  large  amount  of  potassium  permanganate  seized  in  countries  in  South  America,  in  particular 
Colombia, in the past few years indicates that current control measures may not be sufficient to deal with 
the smuggling and the illicit manufacture of potassium permanganate in the region. The Board again calls 
on  Governments  of  countries  in  South  America  to  design  strategies  similar  to  those  developed  in  the 
framework  of  Project  Cohesion,  which  led  to  an  increased  interception  rate  and  the  identification  of 
sources of precursors used in the illicit manufacture of heroin. 

The Board is concerned that in 2008 the illicit manufacture of cocaine hydrochloride in Colombia was 
estimated  at  430  tons  —  about  51  per  cent  of  the  world  total.  The  Board  urges  the  Government  to 
continue  taking  effective  measures  to  address  that  problem.  The  Board  underlines  the  necessity  of 
ensuring  alternative  livelihoods  for  farmers  currently  engaged  in  coca  bush  cultivation  and  encourages 
the Government to strengthen its programs in that area. 

The  Board  encourages  the  Government  to  enhance  its  efforts  to  ensure  that  progress  is  made  in 
addressing drug abuse and drug trafficking in the country and to increase its cooperation with countries in 
Africa in an effort to address the problem of illicit drug consignments entering that region. 

The  Board  notes  with  concern  that  in  countries  in  South  America,  such  as  Argentina,  Brazil  and 

EN 

66 

EN 

 
  
 
 
 
Colombia (and in countries in North America, such as Mexico and the United States), there is a growing 
movement  to  decriminalize  the  possession  of  controlled  drugs, in  particular  cannabis,  for personal  use. 
Regrettably,  influential  personalities,  including  former  high-level  politicians  in  countries  in  South 
America,  have  publicly  expressed  their  support  for  that  movement.  The  Board  is  concerned  that  the 
movement,  if  not  resolutely  countered  by  the  respective  Governments,  will  undermine  national  and 
international  efforts  to  combat  the  abuse  of  and  illicit  trafficking  in  narcotic  drugs.  In  any  case,  the 
movement poses a threat to the coherence and effectiveness of the international drug control system and 
sends the wrong message to the general public. 

2007-8 - In Colombia, seizures of cocaine hydrochloride increased by 57 per cent to 198.4 tons. Despite 
the large quantity of cocaine seized in South America, drug control agencies in the region emphasized the 
continued need for the exchange, among law enforcement and judicial authorities in South America, of 
real-time information in investigative and operational activities in order to 

United 
Nations 
Convention  against 
Corruption 

1.United  Nation  secretariat  – 
Report  on  Compliance  with  the 
United  Nations  Convention 
against Corruption 

Articles that need further work for full compliance (as indicated in the self-assessment report) 

Article  52:  In  relation  to  the  establishment  of  financial  disclosure  systems  for  public  officials,  as 
prescribed by the non-mandatory provision of paragraph 5, Colombia provided an update of its previous 
submission and indicated partial compliance, 

2.  9  September  2009  (general 
distribution) 

3.http://www.unodc.org/docume
nts/treaties/UNCAC/COSP/sessi
on3/V0986236e.pdf 

EN 

67 

EN 

 
  
 
5. 

COSTA RICA (CR) 

CONVENTION 

REPORTING STATUS 

RECOMMENDATIONS 

ILO 
CONVENTIONS 
ON 
CORE 
LABOUR RIGHTS:

-  Freedom  of 
and 
the 

87 
Association 
Protection  of 
Right to Organise 

1. Monitoring Body 

Latest recommendations by the monitoring body. 

2. Date of latest Report 

3. Web link 

1. CEACR and CFA 

2. 2010 

3.http://www.ilo.org/wcmsp5/gro
ups/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_123424.pdf; 

http://www.ilo.org/wcmsp5/grou
ps/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_124972.pdf 

The Committee refers to a consistent discrepancy between law and practice and urges some changes for 
legislation  regarding  the  following  rights:  right  of  organizations  to  elect  their  representatives  in  full 
freedom.  Prohibition  upon  foreigners  from  holding  office  or  exercising  authority  in  trade  unions 
(article 60, second paragraph, of the Constitution and section 345(e) of the Labour Code); obligation 
for  the  trade  union  assembly  to  appoint  the  executive  board  each  year;  right  of  organizations  to 
organize their activities and to formulate their programmes in full freedom.  The Committee requests 
the  Government  to  indicate  any  developments  regarding  the  need  for  Bill  No.  13475,  in  amending 
section 344 of the Labour Code, to establish a specific and short period during which the administrative 
authority is to reach a decision on the registration of trade unions and after which, in the absence of a 
decision, legal personality is deemed to have been obtained.  

The Committee hopes that the National Assembly will address all pending matters without delay. The 
Committee requests the Government to provide information in this respect. The Committee notes that 
the Government has requested the technical assistance of the ILO to ascertain the conformity of the Bill 
to  reform  labour  procedures  (No.  15990)  with  the  principles  of  Conventions  No  87  and  98  and  it 
suggests that such assistance should be provided as soon as the joint commission is established in the 
Legislative Assembly.  

The Committee once again emphasizes that the pending matters raise important issues relating to the 
application  of  the  Convention.  Taking  into  account  the  various  ILO  missions  that  have  visited  the 
country over the years and the gravity of the problems, the Committee hopes to be in a position to note 
substantial  progress  in  the  near  future  in  both  law  and  practice.  The  Committee  requests  the 
Government to provide information on this matter in its next report. 

EN 

68 

EN 

 
  
 
The  Committee  requests  the  Government  to  provide  official  statistical  data  on  the  number  of  trade 
unions and higher level organizations (in the public and private sectors) and the number of trade union 
members. 

The Committee requests the Government to provide its comments on the ITUC’s communication, dated 
26  August  2009  and  particularly  on:  (1)  its  allegation  that  in  the  event  of  a  strike  the  unions  are 
required to provide the names of the strikers; (2) its statement that unions are practically non-existent in 
the private sector; (3) the alleged unlawful arrest of a trade union leader in the construction sector; and 
(4)  the  violation  of  the  Act  by  prohibiting  trade  union  activities  by  solidarist  associations  in  certain 
banana and pineapple ranches. 

98  -  Application  of 
the Principles of the 
Right  to  Organise 
to  Bargain 
and 
Collectively 

1. CAS, CEACR and CFA 

2. 2010 

The  Committee  noted  that,  according  to  the  High-level  Mission  that  visited  the  country  in  2006,  the 
proceedings in cases of anti-union discrimination are so slow that it takes at least four years to obtain a 
final ruling. 

3.http://www.ilo.org/wcmsp5/gro
ups/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_123424.pdf; 

http://www.ilo.org/wcmsp5/grou
ps/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_124972.pdf 

The Committee hopes that the Bill to reform labour procedures will be adopted in the near future and 
asks the Government to provide the text of the future Act as soon as it is adopted.  

The  Committee  notes  with  regret,  however,  that  Bill  No.  13475  to  reform  various  provisions  of  the 
Labour Code and other legal texts has not as yet been discussed although it is high on the agenda of the 
Legislative  Assembly’s  plenary  session,  and  requests  the  Government  to  take  steps  to  move  the 
processing  of  the  Bill  forward,  and  to  provide  Freedom  of  association,  collective  bargaining,  and 
industrial relations information in this regard. 

The Committee asks the Government to do everything in its power to ensure that the bills to strengthen 
the  right  to  collective  bargaining  in  the  public  sector,  including  those  relating  to  the  ratification  of 
Conventions  Nos  151  and  154  are  examined  and,  it  is  to  be  hoped,  adopted  by  the  Legislative 
Assembly. 

The  Committee  hopes  to  receive  information  on  a  tripartite  approach  to  the  problem  of  direct 
agreements with non-unionized workers in the light of the expert report, and of any other satisfactory 
solution proposed, including measures to promote collective bargaining with existing organizations of 

EN 

69 

EN 

 
  
 
 
 
 
 
workers and to avoid direct agreements being used for anti-union purposes, which is to be presumed 
where a representative trade union already exists. 

The Committee expresses the hope that the Legislative Assembly will be established without delay and 
will  take  up  the  issues  pending.  It  requests  the  Government  to  provide  information  in  this  regard.  It 
notes that the Government has requested ILO technical assistance in ascertaining the consistency of the 
text of the Bill to reform labour procedure (No 15990) with the principles of Conventions No 87 and 
98,  and  suggests  that  such  assistance  be  provided  as  soon  as  the  Joint  Committee  is  set  up  in  the 
Legislative Assembly. 

In addition, the CAS observed that, despite the existence of these problems for many years and the fact 
that  the  case  had  been  discussed  on  several  occasions,  there  had  not  been  sufficient  progress  in  the 
application of the Convention in either law or practice, although the new Government indicated certain 
efforts  and  actions  to  achieve  improvements  in  the  application  of  the  Convention.  The  Committee 
therefore  expressed  the  firm  hope  that,  in  the  very  near  future,  it  would  be  able  to  note  substantial 
progress  in  the  application  of  the  Convention  and  trusted  that  the  legislative  drafts  upon which  there 
has been tripartite consensus would be examined by the legislature and adopted without delay. 

http://www.ilo.org/global/standar
ds/WCMS_145220/lang--
en/index.htm 

-  Forced  or 
29 
Compulsory Labour

- 

Equal 
100 
of 
Remuneration 
Men  and  Women 
Workers  for  Work 
of Equal Value 

105  -  Abolition  of 
Forced Labour 

111 - Discrimination 
in 
of 
Respect 
and 
Employment 

1. CEACR 

The  Committee  asks  the  Government  to  continue  to  provide  information  on  the  developments 
concerning the adoption of the draft Act mentioned above and to supply information on the following:  

EN 

70 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Occupation 

2. 2010 

3.http://www.ilo.org/wcmsp5/gro
ups/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_123424.pdf 

138 - Minimum Age 
for  Admission 
to 
Employment 

1. CEACR 

2. 2009 

3.www.ilo.org/wcmsp5/groups/p
ublic/---.../wcms_103484.pdf 

(i)  the  measures  adopted  as  a  follow-up  to  the  recommendations  of  the  Office  of  the  Defender  of 
Women;  

(ii) the complaints brought before the Office of the Defender of Women and their results;  

(iii)  the  measures  adopted  to  provide  support  and  to  effectively  protect  the  victims  of  sexual 
harassment, including from the risk of reprisals and victimization;  

(iv) the educational and sensitization measures adopted or envisaged to prevent sexual harassment in 
the workplace;  

(v) any initiatives of employers’ and workers’ organizations to combat sexual harassment at work. 

The Committee requests the Government to provide information on the impact of the measures taken to 
abolish  child  labour,  in  the  context  of  the  Second  National  Action  Plan  for  the  prevention  and 
elimination  of  child  labour  and  the  special  protection  of  young  workers,  the  National  Development 
Plan  (2006–10)  and  the  ILO–IPEC  project  on  the  elimination  of  child  labour  in  Latin  America.  It 
requests the Government to provide information on any progress achieved.  

The Committee also invites the Government to continue providing information on the application of the 
Convention  in  practice  by  giving,  for  example,  statistical  data  on  the  employment  of  children  and 
young persons, extracts from reports of the inspection services, in particular inspections carried out in 
the sectors mentioned above. Finally, it asks the Government to provide the findings of the household 
survey that will be carried out in 2009. 

-  Prohibition 
182 
Immediate 
and 
Action 
the 
for 
Elimination  of  the 
Worst  Forms 
of 
Child Labour 

EN 

71 

EN 

 
  
 
 
 
 
 
1. Monitoring Body 

Latest recommendations by the monitoring body. 

2. Date of latest Report 

3. Web link 

UN 
CONVENTIONS 
ON 
CORE 
HUMAN RIGHTS: 

Convention  on  the 
Prevention 
and 
Punishment  of  the 
Crime of Genocide 

International 
Convention  on  the 
Elimination  of  All 
Forms  of  Racial 
Discrimination 

International 
Covenant  on  Civil 
and Political Rights 

International 
on 
Covenant 
Economic, 
Social 
and Cultural Rights 

International 
Convention  on  the 
and 
Suppression 
Punishment  of  the 
Crime of Apartheid 

Convention  on  the 
Elimination  of  All 

EN 

72 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Forms 
Discrimination 
against Women 

of 

Convention  against 
Torture  and  Other 
Cruel,  Inhuman  or 
Degrading 
Treatment 
Punishment 

or 

1. CAT 

2. 7 July 2008 

3. http://daccess-dds-
ny.un.org/doc/UNDOC/GEN/G0
8/428/93/PDF/G0842893.pdf?Op
enElement 

The  Committee  noted  with  appreciation  that  the  State  party  had  ratified  the  Optional  Protocol  to  the 
Convention  against  Torture  and  Other  Cruel,  Inhuman  or  Degrading  Treatment  and  the  Optional 
Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, as well 
as the Rome Statute of the International Criminal Court. 

The  Committee  urged  the  State  party  to  enable  the  judiciary  to  impose  alternatives  to  imprisonment 
when the accused does not represent a danger to society, to speed up the processes of determination of 
refugee status, to provide for alternatives to custody for migrants and set a maximum legal period for 
detention  pending  deportation,  to  continue  its  efforts  to  improve  detention  conditions  for  all 
immigrants, to provide detainees with information on the Convention and domestic legislation and on 
the  rules  for  police  officers  and  prison  personnel,  to  boost  the  protection  for  the  most  vulnerable 
population  against  sexual  violence,  to  apply  a  gender-specific  policy  for  women  prisoners,  to  ensure 
that victims of torture, other ill-treatment, trafficking and domestic and sexual violence are enabled to 
benefit from the fullest possible rehabilitation, to criminalize trafficking in persons in accordance with 
the  Protocol  to  Prevent,  Suppress  and  Punish  Trafficking  in  Persons,  to  expedite  the  complete 
prohibition  of  corporal  punishment  of  children,  to  raise  awareness  among  the  security  forces  of 
domestic violence including sexual violence and violence against children and to devise a system for 
the collection of disaggregated data on the issue of violence against women and children. 

Convention  on  the 
Rights of the Child 

CONVENTIONS 
ON 
ENVIRONMENT 
AND 
GOVERNANCE 
PRINCIPLES : 

Montreal  Protocol 
on  Substances  that 

1. Monitoring Body 

Latest recommendations by the monitoring body. 

2. Date of latest Report 

3. Web link 

1.Implementation Committee 

No non-compliance issues reported by the Implementation Committee. 

EN 

73 

EN 

 
  
 
 
 
 
Deplete  the  Ozone 
Layer 

Basel  Convention 
on  the  Control  of 
Transboundary 
Movements 
of 
Hazardous  Wastes 
and Their Disposal 

Stockholm 
on 
Convention 
Persistent  Organic 
Pollutants 

2. 13 July 2010 

http://www.unep.ch/Ozone/Meeting_Documents/impcom/IMPCOM-44-5E.pdf 

3. http://ozone.unep.org/  

1. Compliance Committee 

Complete reporting until 2006 and the last report for 2007 has been submitted. 

2. N/A 

Information on the status of national reporting in 2008 not yet published on the Basel website. 

National implementation plan and national report submitted. 

Some outstanding contributions for 2010 remain unpaid.  

3.http://www.basel.int/legalmatte
rs/compcommitee/index.html 

No compliance committee 
established yet. Compliance 
assessed through the following: 

- national implementation plan 
required by Art.7 

http://chm.pops.int/Countries/Nat
ionalImplementation/tabid/253/la
nguage/en-US/Default.aspx 

- national report required by Art. 
15 
http://chm.pops.int/Countries/Nat
ionalReports/FirstRoundofParty
Reports/tabid/254/language/en-
US/Default.aspx 

- contributions to the convention 
budget 
http://chm.pops.int/Countries/Co
ntributions/tabid/374/language/e
n-US/Default.aspx 

EN 

74 

EN 

 
  
 
 
 
- 
CITES 
Convention 
on 
International  Trade 
Endangered 
in 
of  Wild 
Species 
Fauna and Flora 

1. Standing Committee 

2. 11 March 2010 

Costa  Rica  has  yet  to  comply  with  Article  VIII,  paragraph  7  of  CITES  which  requires  each  Party  to 
submit  a  biennial  report  on  legislative,  regulatory  and  administrative  measures  taken  to  enforce  the 
Convention (deadline for the submission being the 31st of October of the year following the year for 
which the report was due). 

3.http://www.cites.org/common/c
om/SC/59/E59-11A.pdf 

Biennial Report for 2007-2008 not yet submitted. 

Convention 
on 
Biological Diversity 

1. Compliance assessed through 
the following: 

All national reports have been submitted.  

There are significant unpaid mandatory contributions to the CBD core budget. 

Annual reports received until 2008.  

- National Biodiversity Strategy 
and Action plan required by Art. 
6 

http://www.cbd.int/nbsap/ 

- national report required by Art. 
26 

http://www.cbd.int/countries/ 

to 

level  of  payments: 

Link 
http://www.cbd.int/convention/p
arties/contributions.shtml?tab=2 

Cartagena  Protocol 
on Biosafety 

1. Compliance Committee 

First Regular National Report (2007) is submitted, but the Interim National Report (2005) was not 
submitted. 

2. 23 September 2010 

3.http://www.cbd.int/doc/meetin
gs/bs/bscc-07/official/bscc-07-
03-en.pdf 

Some outstanding contributions. 

EN 

75 

EN 

 
  
 
Kyoto  Protocol  to 
the  United  Nations 
Framework 
Convention 
Climate Change 

on 

1. Compliance Committee 

No non-compliance proceedings were started against Costa Rica. 

2. 8 October 2010  

3.http://unfccc.int/resource/docs/
2010/cmp6/eng/06.pdf 

United 
Nations 
Single  Convention 
on Narcotic Drugs 

1.INCB 

2. 24 February 2010 

Convention 
Psychotropic 
Substances 

on 

3.http://www.incb.org/incb/en/an
nual-report-2009.html 

In February 2009, Costa Rican authorities informed the Board of the seizure of a laboratory where they 
had found a large amount of pharmaceutical preparations and cocaine hydrochloride. The preparations 
were  in  the  form  of  tablets  containing  oxycodone,  hydrocodone  and  codeine.  The  drugs  were 
purportedly  intended  for  sale  over  the  Internet.  The  Board  has  been  warning  Governments  of  the 
dangers  posed  by  illegal  Internet  pharmacies  since  2006.  The  Board  wishes  to  emphasize  the 
importance of activating regional cooperation systems for the control of Internet pharmacies. 

Illicit  Traffic 
in 
Narcotic  Drugs  and 
Psychotropic 
Substances 

Nations 
United 
Convention  against 
Corruption 

1.United  Nation  secretariat  – 
Report  on  Compliance  with  the 
United  Nations  Convention 
against Corruption 

2.  9  September  2009  (general 
distribution) 

3.http://www.unodc.org/docume
nts/treaties/UNCAC/COSP/sessi
on3/V0986236e.pdf 

Costa Rica is not mentioned in the report – no specific recommendations. 

EN 

76 

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6. 

ECUADOR (EC) 

CONVENTION 

REPORTING STATUS 

RECOMMENDATIONS 

ILO 
CONVENTIONS 
ON 
CORE 
LABOUR RIGHTS:

-  Freedom  of 
and 
the 

87 
Association 
Protection  of 
Right to Organise 

1. Monitoring Body 

Latest recommendations by the monitoring body. 

2. Date of latest Report 

3. Web link 

1. CEACR and CFA 

2. 2010 

3.http://www.ilo.org/wcmsp5/gro
ups/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_123424.pdf; 

http://www.ilo.org/wcmsp5/grou
ps/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_124972.pdf 

The Committee asks the Government to take the necessary steps to repeal or amend this provision of 
the  new  Constitution  (entered  into  force  on  20  October  2008)  which  raise  problems  of  compatibility 
with the Convention. In these circumstances, so as to allow the re-election of officers of workers’ and 
employers’ organizations. Also, the Committee requests the Government to take all necessary steps to 
repeal  or  amend  the  provisions  of  the  Constitution  to  ensure  that  compulsory  arbitration  is  possible 
only in the instances mentioned.  

The Committee requests the Government to take appropriate measures in order to modify this provision 
so  as  to  ensure  that  the  right  to  strike  can  be  exercised  in  the  abovementioned  services,  with  the 
possibility to provide a system of minimum services which is to be determined with the participation of 
workers’ and employers’ organizations.  

The Committee points out that for many years it has been asking the Government to take steps to repeal 
or amend several provisions that are not in compliance with the convention. The Committee hopes that 
it will be able to note progress in the legislation in the near future and asks the Government in its next 
report to provide information on all developments in this regard. It reminds the Government that it may 
seek technical assistance from the Office in the context of its reform of the Labour Code. 

The  Committee  has  received  information  about  two  proposals  for  acts  being  debated  in  the  National 
Assembly: the Basic Public Service Act and the Basic Act on Public Enterprises. The Committee hopes 
that the new texts will establish in full the rights laid down in the Convention: the right to organize of 
public  officials  and  employees  and  the  right  to  strike  of  public  servants  other  than  those  exercising 
authority in the name of the State.  

EN 

77 

EN 

 
  
 
Furthermore, the Committee once again asks the Government to provide information on the number of 
associations that have been set up for the promotion and defence of the interests of public servants, the 
sectors covered and the approximate number of members. 

98  -  Application  of 
the Principles of the 
Right  to  Organise 
and 
to  Bargain 
Collectively 

1. CEACR and CFA 

2. 2010 

3.http://www.ilo.org/wcmsp5/gro
ups/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_123424.pdf; 

http://www.ilo.org/wcmsp5/grou
ps/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_124972.pdf 

The Committee requests the Government to ensure that workers performing “complementary services” 
are able fully to exercise trade union rights and, in particular, bargain collectively.  

Furthermore, with regard to the alleged use of “blacklists” in one province, the Committee points out 
that the practice of placing trade union officials or  members on  “blacklists” is a  serious threat to the 
free exercise of trade union rights, and requests the Government to hold an inquiry and, if the allegation 
of  blacklisting  is  confirmed,  to  take  the  necessary  steps  to  ensure  that  this  practice  is  sanctioned  by 
sufficiently dissuasive penalties. 

Regarding  the  new  Constitution, the  Committee  requests  the  Government  to  take  the  necessary  steps 
for the removal of these limitations and for the reinstatement of the right to collective bargaining on all 
subjects that affect the working and living conditions of workers.  

The  Committee  again  reminds  the  Government  that  for  several  years  it  has  been  commenting  on  the 
several matters that do not comply with the convention.  

Noting the Government’s statement that the National Assembly is working on amendments to various 
laws including a proposal for a Labour Code Reform Act, a proposal for a Basic Public Service Act and 
a proposal for a Basic Act on Public Enterprises, the Committee expresses the hope that these will take 
full account of the provisions of the Convention recognizing the right to collective bargaining of public 
sector organizations and adequate protection against acts of anti-union discrimination and interference, 
with sufficiently dissuasive sanctions. It reminds the Government that it may seek technical assistance 
from the ILO in proceeding with the amendment of the Labour Code and the Public Service Act. 

-  Forced  or 
29 
Compulsory Labour

- 

100 
Equal 
of 
Remuneration 
Men  and  Women 

EN 

78 

EN 

 
  
 
 
 
 
 
 
Workers  for  Work 
of Equal Value 

105  -  Abolition  of 
Forced Labour 

1. CEACR 

2. 2010 

3.http://www.ilo.org/wcmsp5/gro
ups/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_123424.pdf 

111 - Discrimination 
in 
of 
Respect 
and 
Employment 
Occupation 

1. CEACR 

2. 2010 

3.http://www.ilo.org/wcmsp5/gro
ups/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_123424.pdf 

The  Committee  urged  the  Government  to  take  the  necessary  measures  to  ensure  that  Article  1(d). 
Imprisonment involving compulsory labour for participation in strikes, of the Convention is applied. 

The  Committee  has  previously  referred  to  Decree  No.  105  of  7  June  1967  which  allows  a  prison 
sentence  of  two  to  five  years  to  be  imposed  on  any  person  fomenting  or  taking  a  leading  part  in  a 
collective work stoppage. Noting the most recent information provided by the Government, according 
to which Decree No. 105 is not in force, the Committee hopes that the Government will provide a copy 
of  the  text  repealing  that  Decree  and,  in  the  event  that  the  Decree  concerned  has  not  been  formally 
repealed,  the  Committee  once  again  expresses  the  hope  that  the  Government  will  take  the  necessary 
measures to repeal it, thereby bringing the national legislation into conformity with the requirements of 
the Convention. 

Noting  with  regret  that  the  new  Constitution  prohibits  strikes  in  services  that  are  not  essential  in  the 
strict sense of the term and that such interruption may be punished as a penal offence, the Committee 
hopes that the Government will review this situation in the light of Convention No. 87 and Convention 
No.  105  which  protects  against  prison  sentences  involving  compulsory  labour  as  a  punishment  for 
participation  in  peaceful  strikes,  and  that  it  will  provide  information  on  the  measures  taken  or 
envisaged to ensure compliance with the Convention. 

The Committee hopes that the Government will provide the information requested and will indicate the 
measures  taken  or  envisaged  to  ensure  that  prison  sentences  involving  compulsory  labour  are  not 
imposed for the peaceful expression of political views. 

The  Committee  once  again  requests  information  on  the  results  achieved  in  the  prevention  and 
eradication of work by women under conditions of exploitation which, as noted by the Committee in its 
previous  comments,  was  one  of  the  objectives  of  the  Equal  Opportunities  Plan  2005–09  (PIO).  The 
Committee  also  requests  the  Government  to  provide  detailed  information  on  the  policies  and 
programmes  intended to ensure equality of opportunity and treatment in employment and occupation 
for  women,  especially  indigenous  women,  migrant  women  and  women  of  African  descent,  and  their 
impact. 

The Committee requests the Government to provide further information on the introduction of gender 

EN 

79 

EN 

 
  
 
 
as a cross-cutting issue in the standards issued by the SENRES with the objective of women gaining 
access  to  public  employment  and  the  impact  of  this  measure.  Noting  that  the  Framework  Inter-
institutional  Cooperation  Agreement  expires  in  December  2009,  the  Committee  requests  the 
Government to provide information on the measures envisaged to continue ensuring the application of 
the principle of the Convention in the public sector. The Committee also refers to its comments on the 
application of the Equal Remuneration Convention, 1951 (No. 100). 

The  Committee  urges  the  Government  to  take  this  opportunity  to  repeal  section  17(b)  of  the 
Regulations  of  the  Cooperatives  Act,  under  which  married  women  require  the  authorization  of  their 
husbands to be members of agricultural housing and family garden cooperatives. The Committee hopes 
that  the  Government  will  be  in  a  position  to  provide  information  on  the  progress  achieved  in  this 
respect in its next report. 

The Committee requests the Government to provide information on the impact that the compendium on 
sexual  harassment  in  the  fields  of  education,  labour,  politics  and  domestic  work  (prepared  by  the 
Gender and Youth Unit of the Ministry of Labour) has had in terms of preventing sexual harassment in 
the working environment and to provide information on other measures that are being adopted to raise 
awareness  of  the  harmful  effects  of  harassment  at  the  workplace.  The  Committee  invites  the 
Government  once  again  to  take  appropriate  legislative  measures  to  prohibit  sexual  harassment  in 
employment  and  occupation  which  include  both  quid  pro  quo  and  hostile  work  environment 
harassment. 

The Committee requests the Government to provide detailed information on the results and impact of 
the  various  types  of  action  envisaged  in  the  National  Development  Plan  2007–10,  including  the 
application  of  affirmative  action  measures,  the  development  of  the  “Work  without  discrimination” 
programme and the action taken to promote and increase the access of young Afro-Ecuadorian persons 
to university. The Committee also requests information on the measures promoted, as envisaged in the 
Plan,  to  monitor  and  punish  any  act  of  racial  discrimination  against  Afro-Ecuadorian  persons  on  the 
labour market. 

The  Committee  is  deeply  concerned  at  the  situation  of  children  under  14  years  of  age  who  are 
compelled to work and urges the Government to intensify its efforts to gradually improve the situation. 
It requests the Government to take the necessary steps, in the context of the various public policies and 
the ILO–IPEC project on the “Elimination of child labour in Latin America”, to abolish child labour. It 
requests the Government to supply information on the results achieved. The Committee also requests 

138 - Minimum Age 
for  Admission 
to 
Employment 

1. CEACR 

2. 2009 

3.www.ilo.org/wcmsp5/groups/p

EN 

80 

EN 

 
  
 
 
ublic/---.../wcms_103484.pdf 

the Government to provide information on the application of the Convention in practice, including, for 
example,  statistics  relating  to  the  employment  of  children  and  young  persons,  and  extracts  of  the 
reports of the inspection services, particularly inspections conducted in the abovementioned sectors [in 
particular  banana  and  flower  industries].  Finally,  it  requests  the  Government  to  supply  a  copy  of  the 
new “National Plan for the prevention and elimination of child labour”, once it has been formulated. 

Considering that compulsory education is one of the most effective means of combating child labour, 
the Committee urges the Government to continue its efforts to improve the functioning of the education 
system in the country and to take measures to enable children to attend compulsory basic education or 
enter an informal school system. In this regard, it requests the Government to supply information on the 
measures  taken  to  increase  the  secondary  school  enrolment  rate.  Finally,  the  Committee  requests  the 
Government to supply information on the results achieved. 

The  Committee  expresses  the  firm  hope  that  the  regulations  implementing  the  Children  and  Young 
Persons Code will be adopted in the near future, will take account of the comments made above and 
will lay down the conditions of employment for children and young persons in artistic performances. It 
requests the Government to supply information on any new developments in this regard. 

-  Prohibition 
182 
Immediate 
and 
the 
for 
Action 
Elimination  of  the 
Worst  Forms 
of 
Child Labour 

1. CEACR 

2. 2009 

3.www.ilo.org/wcmsp5/groups/p
ublic/---.../wcms_103484.pdf 

The Committee encourages the Government to continue its efforts to ensure, in practice, the protection 
of children under 18 years of age against these worst forms of child labour. In this respect, it requests 
the  Government  to  continue  to  provide  information  on  the  application  of  the  provisions  of  the  Penal 
Code  applying  to  the  crimes  of  sexual  exploitation  against  minors  of  less  than  18  years  of  age  in 
practice.  Furthermore,  taking  account  of  the  information  that  persons  have  been  prosecuted  and 
sentenced, the Committee requests the Government to provide copies of the judgements handed down 
by virtue of the provisions in the Penal Code in its next report. 

The Committee strongly encourages the Government to continue its efforts and requests it to provide 
information  on  the  time-bound  measures  taken,  when  implementing  the  National  Plan  to  combat  the 
trafficking  of  persons  and  commercial  sexual  exploitation  and  the  plans  to  combat  the  commercial 
exploitation of children and the trafficking of children for this purpose in Cuenca and Machala, to: (a) 
prevent children from being victims of commercial sexual exploitation or trafficking for this purpose; 
and  (b)  provide  the  necessary  and  appropriate  direct  assistance  to  remove  child  victims  from  these 
worst  forms  of  child  labour.  It  requests  the  Government  to  continue  providing  information  on  the 
results  obtained.  The  Committee  also  requests  the  Government  to  provide  information  on  the 
implementation  of  the  National  Programme  of  protection  for  children  and  young  persons  who  are 

EN 

81 

EN 

 
  
UN 
CONVENTIONS 
ON 
CORE 
HUMAN RIGHTS: 

Convention  on  the 
and 
Prevention 
Punishment  of  the 
Crime of Genocide 

International 
Convention  on  the 
Elimination  of  All 
Forms  of  Racial 
Discrimination 

victims of commercial sexual exploitation or trafficking for this purpose, especially with respect to the 
measures taken in the context of this programme to guarantee the rehabilitation and social integration 
of the victims of this worst form of child labour. 

The Committee requests the Government to indicate whether the exchanges of information with Peru 
and  Colombia,  carried  out  in  the  context  of  the  agreements  signed  between  the  police  and  judicial 
services,  have  made  it  possible:  (a)  to  identify  and  arrest  persons  working  in  networks  involving  the 
trafficking of children; and (b) to detect and intercept child victims of trafficking at the borders. 

1. Monitoring Body 

Latest recommendations by the monitoring body. 

2. Date of latest Report 

3. Web link 

1. CERD 

2. 15 August 2008 

3.http://www2.ohchr.org/english/
bodies/cerd/docs/co/CERD.C.EC
U.CO.19.pdf 

The  Committee  recommended  that  the  State  party  undertake  to  draw  up  a  comprehensive  national 
policy to combat racism and racial discrimination, to adopt and put into effect national strategies and 
programmes and display resolute political will to improve the situation of the Roma and protect them 
against discrimination, to put a stop to the murdering of indigenous women, to ensure full participation 
by indigenous peoples and Afro-Ecuadorians in public affairs, to ensure that oil companies carry out 
environmental  impact  studies  in  the  areas  where  they  plan  to  begin  operations,  to  ensure  that  the 
indigenous peoples enjoy effective legal protection against forcible eviction from their ancestral lands, 
and  receive  proper  compensation  if  such  evictions  occur,  to  assure  effective  protection  against 
discrimination  in  various  areas,  particularly  in  employment,  housing,  health  and  education,  to  ensure 
the  effective  implementation  of  measures  to  reduce  illiteracy  among  indigenous  people  and  Afro-
Ecuadorians and to combat racial prejudice which leads to racial discrimination in the media, both in 
public and private channels and in the press. 

EN 

82 

EN 

 
  
 
 
 
 
 
International 
Covenant  on  Civil 
and Political Rights 

1. CCPR 

2. 4 November 2009 

The  Committee  noted  with  satisfaction  the  legislative  reforms  carried  out  by  the  State  party,  in 
particular  through  the  entry  into  force of  the new  Constitution  (2008)  and  the repeal  of  the so-called 
contempt provisions of the Criminal Code (2007). 

3. http://daccess-dds-
ny.un.org/doc/UNDOC/GEN/G0
9/461/09/PDF/G0946109.pdf?Op
enElement 

The  State  party  should  adopt  effective  measures  to  guarantee  the  full  implementation  of  current 
legislation  so  as  not  to  discriminate  against  women,  redouble  its  efforts  to  combat  discrimination 
against  women  in  the  world  of  work,  ensure  effective  access  to  justice  by  the  victims  of  sexual 
violence, grant police protection to victims and establish shelters where they can live in dignity, take 
preventive and awareness-raising measures to counter gender violence, redouble its efforts to eradicate 
illiteracy,  particularly  among  girls  living  in  rural  areas,  monitor,  investigate  and,  where  appropriate, 
prosecute  and  punish  law  enforcement  officers  who  commit  acts  of  ill-treatment  and  compensate  the 
victims,  ensure  that  human  rights  violations  are  investigated,  the  perpetrators  prosecuted  and  the 
victims and their families granted fair compensation, put an end to the deaths of participants in public 
demonstrations  at  the  hands  of  the  police  and  ensure  that  the  constitutional  principle  of  non-
discrimination on the grounds of a person’s criminal record is reflected in practice. 

International 
on 
Covenant 
Economic, 
Social 
and Cultural Rights 

International 
Convention  on  the 
Suppression 
and 
Punishment  of  the 
Crime of Apartheid 

Convention  on  the 
Elimination  of  All 
Forms 
of 
Discrimination 
against Women 

1. CEDAW 

2. 7 November 2008 

3. http://daccess-dds-
ny.un.org/doc/UNDOC/GEN/N0
8/602/59/PDF/N0860259.pdf?Op

The Committee notes with satisfaction the efforts to implement the Convention and give follow-up to 
previous  concluding  observations  through  the  adoption  of  a  considerable  number  of  laws,  policies, 
plans and programmes. The Committee recommended the State party to implement all the provisions of 
the  Convention  systematically  and  continuously,  to  adopt  the  draft  Equal  Opportunities  Act  and 
develop  and  implement  mechanisms  for  its  effective  enforceability.  The  Committee  further 
recommends that the State party take adequate and prompt measures to ensure the full implementation 
of  existing  legislation  in  a  manner  that  does  not  discriminate  against  women.  The  Committee 

EN 

83 

EN 

 
  
 
 
 
 
 
 
enElement 

recommended  the  State  party  to  ensure  that  economic  and  social  policies  and  public  investment  take 
into specific account the situation of women, that domestic violence be included as an offence in the 
Penal Code and that the Code expressly prohibit corporal punishment of children in the home, as well 
as in care and justice institutions, to dedicate adequate resources to the implementation of the national 
plan  against  trafficking  and  sexual  exploitation  and  to  establish  a  mechanism  to  monitor  its 
implementation and assess its effectiveness, to ensure the inclusion and protection of asylum-seeking, 
migrant  and  refugee  women  in  national  legislation,  to  strengthen  its  efforts  to  eradicate  illiteracy, 
provide  an  educational  environment  free  from  discrimination  and  violence,  provide  an  educational 
environment  free  from  discrimination  and  violence  and  to  strengthen  measures  to  address  teenage 
pregnancy, especially among indigenous girls and those of African descent. 

Convention  against 
Torture  and  Other 
Cruel,  Inhuman  or 
Degrading 
Treatment 
Punishment 

or 

Convention  on  the 
Rights of the Child 

1. CRC 

2. 2 March 2010 

3. http://daccess-dds-
ny.un.org/doc/UNDOC/GEN/G1
0/409/09/PDF/G1040909.pdf?Op
enElement 

The  Committee  welcomed  a  number  of  positive  developments  in  the  reporting  period,  including  the 
adoption of legislative and policy measures taken with a view to implementing the Convention. 

The Committee recommended the State party to strengthen and expedite its efforts to bring domestic 
law into full compliance with the Convention, to place the 10-year National Plan of Action for Children 
and  Adolescents  within  the  new  Plan  Nacional  para  el  Buen  Vivir,  to  create  a  specialized  office  on 
child rights within the Office of the Ombudsman, to protect children’s budgets from emergencies such 
as economic crisis or natural disasters, to ensure that the media respect the rights of the child, to set the 
minimum age for marriage for girls and boys at 18 years, to ensure the best interests of the child in all 
programmes, policies, judicial and administrative proceedings, to address issues related to the right to 
life,  survival  and  development  of  children  and  pay  particular  attention  to  the  problems  of  child 
mortality  and  chronic  malnutrition,  to  guarantee  free  birth  registration  for  all  children,  including 
migrants or asylum-seeking, to prohibit corporal punishment in all settings, to protect children who are 
separated from their parents, to consider the placement of children in institutions as a measure of last 
resort  and  for  the  shortest  period  possible,  to  conduct  public  awareness  campaigns  and  information 
about  parental  guidance  and  counselling  to  prevent  child  abuse  and  neglect,  to  protect  the  rights  of 
children  with  disabilities,  including  access  to  education  family  care,  to  continue  expanding  maternal 

EN 

84 

EN 

 
  
 
 
 
  
 
 
and  child  health  services  and  nutritional  support  to  more  remote  areas,  to  promote  access  to 
reproductive  health  services  for  all  adolescents,  including  sex  and  reproductive  health  education  in 
schools, to give high priority to prevention policies on HIV/AIDS, to introduce human rights education 
in all levels of education against discrimination, xenophobia and violence, to provide access to school 
for  all  children,  irrespective  of  their  legal  status,  to  adopt  legislative  measures  to  protect 
unaccompanied or separated asylum-seeking children and to ensure that they have the access to water 
and food, to ensure that children are protected from the harmful effects of child labour, to raise public 
awareness of the situation of street children, to implement programmes for the prevention, recovery and 
reintegration of child victims of sexual exploitation and to prevent parents from selling their children.  

CONVENTIONS 
ON 
ENVIRONMENT 
AND 
GOVERNANCE 
PRINCIPLES : 

Montreal  Protocol 
on  Substances  that 
Deplete  the  Ozone 
Layer 

Basel  Convention 
on  the  Control  of 
Transboundary 
of 
Movements 
Hazardous  Wastes 

1. the Monitoring Body 

Latest recommendations by the monitoring body. 

2. Date of latest Report 

3. Web link 

1.Implementation Committee 

In Decision XX/16 of the parties regarding Ecuador, a compliance issue was subject to review on its 
methyl bromide consumption reduction commitment. 

2. 13 July 2010 

3. http://ozone.unep.org/ 

Ecuador  had  committed  itself,  as  recorded  in  decision  XX/16,  to  reducing  its  consumption  of  the 
Annex E controlled substance (methyl bromide) to no greater than 52.8 ODP-tonnes in 2009. 

Status of compliance issue: by the time of the 44th meeting of the Implementation Committee in June 
2010, Ecuador had not yet reported its ozone-depleting substance data for 2009. Implementation of its 
commitment contained in decision XX/16 therefore could not be confirmed. 

http://www.unep.ch/Ozone/Meeting_Documents/impcom/IMPCOM-44-5E.pdf 

1. Compliance Committee 

Almost complete reporting until 2006 (2006 is missing), the report for 2007 has been submitted. 

2. N/A 

Information on the status of national reporting in 2008 not yet published on the Basel website. 

3.http://www.basel.int/legalmatte

EN 

85 

EN 

 
  
 
 
Article 15 Report and National implementation plan (art. 7) submitted.  

Some unpaid contributions for 2010. 

and Their Disposal 

rs/compcommitee/index.html 

Stockholm 
Convention 
on 
Persistent  Organic 
Pollutants 

No compliance committee 
established yet. Compliance 
assessed through the following: 

- national implementation plan 
required by Art.7 

http://chm.pops.int/Countries/Nat
ionalImplementation/tabid/253/la
nguage/en-US/Default.aspx 

- national report required by Art. 
15 
http://chm.pops.int/Countries/Nat
ionalReports/FirstRoundofParty
Reports/tabid/254/language/en-
US/Default.aspx 

-  contributions  to  the  convention 
budget 
http://chm.pops.int/Countries/Co
ntributions/tabid/374/language/e
n-US/Default.aspx 

- 
CITES 
Convention 
on 
International  Trade 
Endangered 
in 
Species 
of  Wild 
Fauna and Flora 

1. Standing Committee 

2. 11 March 2010 

3.http://www.cites.org/common/c
om/SC/59/E59-11A.pdf 

Implementing legislation is under review by the CITES Secretariat and is not yet believed to fully meet 
all the requirements for the implementation of CITES (category 2).  

Ecuador  has  yet  to  comply  with  Article  VIII,  paragraph  7  of  CITES  which  requires  each  Party  to 
submit  a  biennial  report  on  legislative,  regulatory  and  administrative  measures  taken  to  enforce  the 
Convention (deadline for the submission being the 31st of October of the year following the year for 
which the report was due) (BR 2007-2008 missing). 

EN 

86 

EN 

 
  
Convention 
on 
Biological Diversity 

1. Compliance assessed through 
the following: 

All reports submitted. 

There are some unpaid mandatory contributions to the CBD core budget of 2010. 

Annual reports submitted until 2008. 

- National Biodiversity Strategy 
and Action plan required by Art. 
6 

http://www.cbd.int/nbsap/ 

- national report required by Art. 
26 

http://www.cbd.int/countries/ 

to 

level  of  payments: 

Link 
http://www.cbd.int/convention/p
arties/contributions.shtml?tab=2 

Cartagena  Protocol 
on Biosafety 

1. Compliance Committee 

First Regular National Report (2007) is submitted, but the Interim National Report (2005) was not 
submitted.  

2. 23 September 2010 

3.http://www.cbd.int/doc/meetin
gs/bs/bscc-07/official/bscc-07-
03-en.pdf 

All contributions have been paid. 

1. Compliance Committee 

No non-compliance proceedings were started against Ecuador. 

2. 8 October 2010  

3.http://unfccc.int/resource/docs/
2010/cmp6/eng/06.pdf 

Kyoto  Protocol  to 
the  United  Nations 
Framework 
Convention 
Climate Change 

on 

EN 

87 

EN 

 
  
 
Nations 
United 
Single  Convention 
on Narcotic Drugs 

1.INCB 

No specific recommendations. 

2.24 February 2010 

Convention 
Psychotropic 
Substances 

on 

3.http://www.incb.org/incb/en/an
nual-report-2009.html 

in 
Illicit  Traffic 
Narcotic  Drugs  and 
Psychotropic 
Substances 

United 
Nations 
Convention  against 
Corruption 

1.United  Nation  secretariat  – 
Report  on  Compliance  with  the 
United  Nations  Convention 
against Corruption 

Articles that need further work for full compliance (as indicated in the self-assessment report) 

Article  5:  Ecuador  cited  partial  implementation  of  the  article  under  review,  but  did  not  provide 
information on the relevant legislative or other measures (an obligatory reporting item). 

2.  9  September  2009  (general 
distribution) 

Article  6:  In  application  of  paragraph  2  (independence  of  such  bodies),  Ecuador  indicated  partial 
implementation. 

3.http://www.unodc.org/docume
nts/treaties/UNCAC/COSP/sessi
on3/V0986236e.pdf 

Article  9:  Ecuador  indicated  partial  implementation…  Ecuador  stated  that  its  system  of  procurement 
was  partially  designed  to  prevent  corruption  (para.  1  (a))…  With  regard  to  measures  establishing 
criteria  for  public  procurement  decisions  (para.  1  (c))  and  measures  regarding  domestic  systems  for 
reviewing public procurement decisions (para. 1 (d)), Ecuador indicated no implementation…. Ecuador 
also  reported  no  implementation  of  measures  regarding  public  procurement  personnel  and  of 
procedures  for  the  adoption  of  the  national  budget,  as  prescribed  by  paragraphs  1  (e)  and  2  (a)…. 
Reporting  on  systems  of  risk  management  and  internal  control,  as  prescribed  by  paragraph  2  (d), 
Ecuador  indicated  partial  compliance  and  cited  applicable  legislation…  Ecuador  indicated  no 
implementation of measures to prevent the falsification of public expenditure records, as prescribed by 
paragraph 3. 

Article  15:  Ecuador  indicated  no  implementation  of  measures  to  prevent  the  falsification  of  public 
expenditure records, as prescribed by paragraph 3. 

EN 

88 

EN 

 
  
 
 
 
Article 16: Ecuador stated that it had not implemented the mandatory provisions of article 16. 

Article 17: Ecuador reported partial implementation of such measures. 

Article 23: indicated partial implementation of the article under review. All reporting parties cited or 
quoted  relevant  measures  adopted  to  provide  for  the  criminalization  of  the  acquisition,  possession  or 
use of proceeds of crime.  While Ecuador reported partial compliance with the provisions prescribing 
the  criminalization  of  the  acquisition,  possession  or  use  of  the  proceeds  of  crime,  it  highlighted  its 
Government’s  readiness  to  amend  the  relevant  law.  Ecuador  indicated  that  it  had  not  established 
predicate offences as prescribed in paragraphs 2 (a), (b), (c) and (e).  

Article  25:  Ecuador  did  not  provide  information  on  the  implementation  of  article  25  (a  mandatory 
reporting item). 

Article  44  (Extradition):  Ecuador  did  not  report  on  whether  it  had  notified  the  Secretary-General, 
thereby not complying with an obligatory reporting item. 

Article 46: Ecuador did not meet the reporting requirement related to the article under review. 

Article  52:  Ecuador  reported  full  implementation  of  measures  to  prevent  and  detect  transfers  of 
proceeds of crime, as prescribed by article 52, and cited its applicable legislation. However, Ecuador 
did  not  substantiate  its  answers  by  providing  examples  of  successful  implementation  (an  optional 
reporting item). 

Article 53: Ecuador assessed its legislation as non-compliant with the requirements of the Convention. 

Article  54:  Ecuador  reported  no  implementation  of  mechanisms  for  recovery  of  property  through 
international cooperation in confiscation. 

Article 55: Ecuador reported that it had not implemented article 55. 

Article 57: Ecuador assessed their legislation as being non-compliant with article 57. 

EN 

89 

EN 

 
  
7. 

GEORGIA (GE) 

CONVENTION 

REPORTING STATUS 

RECOMMENDATIONS 

ILO 
CONVENTIONS 
ON 
CORE 
LABOUR RIGHTS:

-  Freedom  of 
and 
the 

87 
Association 
Protection  of 
Right to Organise 

1. Monitoring Body 

Latest recommendations by the monitoring body. 

2. Date of latest Report 

3. Web link 

1. CEACR 

2. 2010 

3.http://www.ilo.org/wcmsp5/gro
ups/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_123424.pdf 

The  Committee  recalls  that  its  previous  comments  concerned  the  Law  on  trade  unions  and  the 
Labour Code of 2006. The Committee hopes that any proposed amendments will take into account 
its  comments  and  requests  the  Government  to  provide  information  on  the  developments  in  this 
regard.  

The Committee notes that, in its report, the Government indicates that a memorandum was signed 
between  the  Ministry  of Health,  Labour  and  Social  Affairs  (MoHLSA),  the  GTUC  and  the  GEA 
with a view to institutionalizing social dialogue in the country. Since then, the social partners have 
been  regularly  holding  sessions  to  discuss  issues  concerning  the  labour  legislation  with  an 
emphasis  on  the  issues  of  compliance  with  Conventions  Nos  87  and  98.  The  Committee  further 
notes  with  interest  that,  in  line  with  the  conclusions  of  the  Conference  Committee  on  the 
Application of Standards, over the course of 2009, the ILO has been providing technical support to 
the  tripartite  constituents  to  advance  the  process  of  dialogue  and  the  review  of  the  labour 
legislation.  The  Committee  further  notes  with  interest  the  holding  in  October  2009  of  an  ILO 
tripartite  round  table  in  Tbilisi  which  discussed  the  current  status  of  national  labour  legislation, 
application of Convention No. 87 and the Right to Organise and Collective Bargaining Convention, 
1949  (No.  98),  and  promotion  of  tripartism  in  Georgia.  The  Committee  also  notes  with  interest 
Decree No. 335 of 12 November 2009 issued by the Prime Minister of Georgia, which formalized 
and  institutionalized  the  National  Social  Dialogue  Commission,  as  well  as  the  creation  of  a 
tripartite working group to review and analyse the conformity of the national legislation with the 
findings and recommendations of the Committee and to propose the necessary amendments. 

The  Committee  had  previously  requested  the  Government  to  amend  section  2(9)  of  the  Law  on 
Trade  Unions  so  as  to  lower  the  minimum  trade  union  membership  requirement  set  at  100.  The 

EN 

90 

EN 

 
  
 
 
 
 
 
 
 
 
Committee considers that the minimum requirement of 100 workers to establish unions by branch 
of  activity,  occupation  or  for  various  occupations  is  too  high  and  should  be  reduced.  The 
Committee  therefore  once  again  requests  the  Government  to  provide  information  with  its  next 
report on the measures taken or envisaged to amend section 2(9) of the Law on trade unions so as 
to lower the minimum trade union membership requirement and, in the meantime, to indicate the 
impact  of  this  provision  on  the  establishment  of  trade  unions  at  the  branch  or  sectoral  levels, 
including information on the number of such trade unions and their respective membership. 

The  Committee  had  previously  noted  section  49(5)  of  the  Labour  Code  providing  that,  after  the 
warning  strike,  the  parties  shall  participate  in  the  amicable  settlement  procedures  pursuant  to  the 
Labour Code. The Committee had noted, however, that the Labour Code did not provide for such a 
procedure  and  requested  the  Government  to  give  consideration  to  appropriate  mechanisms  of 
conciliation,  mediation  or  voluntary  arbitration  instead.  Noting  that  in  its  report  the  Government 
recognizes  the  need  to  develop  mechanisms  of  conciliation  and  mediation  to  help  reduce  the 
incidence  of  disputes,  the  Committee  requests  the  Government  to  indicate  the  concrete  measures 
taken to that end.  

With regard to section 48(5) of the Code, according to which, if an agreement is not reached within 
14  days,  one  of  the  parties  is  entitled  to  submit  the  dispute  to  the  court  or  arbitration,  the 
Committee  had  recalled  that  a  provision  which  permitted  either  party  unilaterally  to  submit  the 
dispute for compulsory arbitration effectively undermined the right of workers to call a strike. The 
Committee understands that, under section 48(5), the results of the arbitration (or court) procedure 
are  compulsory  and  would  therefore  render  meaningless  the  right  to  strike.  The  Committee 
therefore  reiterates  its  previous  request  and  asks  the  Government  to  indicate  measures  taken  or 
envisaged to amend section 48(5) of the Code.  

The Committee had also noted section 49(8) of the Code, which provided that a strike could not 
continue for more than 90 calendar days. With regard to the duration of the strike, the Committee 
considers that a legislation limiting duration of the strike to 90 days seriously undermines one of 
the essential means through which workers and their organizations may promote and defend their 
economic  and  social  interests.  The  Committee  considers  that  the  right  to  strike  should  not  be 
restricted though predetermined limitation on the duration imposed by the legislation and requests 
the Government to take the necessary measures to repeal this provision. The Government may wish 
to consider, however, establishing a system of negotiated minimum services when dealing with a 
strike in non-essential services,  which due to its extent and duration endangers the normal living 

EN 

91 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
conditions of the population. 

The Committee had further requested the Government to amend section 51(2) of the Code, which 
prohibited strikes in sectors where “work is impossible to suspend due to the technological mode of 
work”.  Instead  of  prohibition  of  strikes  in  such  services,  the  Committee  suggested  establishing  a 
system of minimum services. The Committee notes the Government's indication that section 51(2) 
sets  the  minimum  services  requirement.  The  Committee  points  out,  however,  that  this  provision 
refers to the prohibition of strikes, without any reference to the system of minimum services and 
conditions thereof. The Committee therefore once again requests the Government to amend section 
51(2)  of  the  Code  taking  into  account  the  above  principle  and  to  indicate  measures  taken  or 
envisaged in this respect. 

The  Committee  had  requested  the  Government  to  amend  section  51(4)  and  (5)  of  the  Code 
providing that a strike by employees informed about termination of their contract before the dispute 
arises  is  illegal  and  that,  if  the  right  to  strike  arises  before  the  termination  of  the  time-based 
contract,  the  strike  is  considered  illegal  after  the  expiration  of  the  term  of  the  contract.  The 
Committee notes that the Government confirms that after the termination of the labour contract the 
strike is considered illegal and indicates that there is no need for an amendment of the Code in this 
regard. The Committee draws the Government's attention to the situations (mentioned above) when 
the right to strike can be restricted or prohibited. It notes furthermore that the prohibition imposed 
on workers in section 51(4) and (5) would run counter to the workers' right to go on sympathy and 
protest  strikes,  which,  according  to  the  Government's  indication,  are  legal  under  the  national 
legislation.  The  Committee  therefore  requests  the  Government  to  take  the  necessary  measures  in 
order  to  amend  section  51(4)  and  (5)  so  as  to  bring  it  in  line  with  the  above  principle  and  to 
indicate measures taken or envisaged in this respect. 

Case 2663: Allegations: Failure of the Labour Code to provide adequate and sufficient protection 
against  anti-union dismissals;  dismissal  of  nine trade  union  activists  from  Poti  Sea  Port  and  nine 
trade union activists from BTM Textile and failure of the Government to provide redress. 

CFA requests the Government, in full consultation with the social partners concerned, to take the 
necessary  measures  to  amend  the  Labour  Code  so  as  to  ensure  specific  protection  against  anti-
union  discrimination,  including  anti-union  dismissals  and  provide  for  sufficiently  dissuasive 
sanctions against such acts. Along the same lines, observing the difficulty of contesting an alleged 
anti-union  dismissal  if  there  is  no  obligation  to  provide  a  motivation  for  that  dismissal,  the 

1. CFA 

2. 2010  

3.http://www.ilo.org/wcmsp5/gro
ups/public/---ed_norm/---
relconf/documents/meetingdocu

EN 

92 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ment/wcms_124972.pdf 

Committee  requests  the  Government  to  take  the  necessary  measures  to  ensure  that  workers  may 
obtain  an  explanation  as  to  the  grounds  for  their  dismissal.  It  urges  the  Government  to  keep  it 
informed in this respect. 

98  -  Application  of 
the Principles of the 
Right  to  Organise 
and 
to  Bargain 
Collectively 

1. CEACR and CAS 

2. 2010 

3.http://www.ilo.org/wcmsp5/gro
ups/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_123424.pdf 

The Committee recalls that it had previously expressed its concern at the several provisions of the 
Labour Code adopted in 2006. In particular, the Committee considered that the Labour Code did 
not provide for an adequate protection against anti-union discrimination and meaningful promotion 
of  collective  bargaining.  The  Committee  hopes  that  any  proposed  amendments  will  take  into 
account  its  following  comments  and  requests  the  Government  to  provide  information  on  the 
developments in this regard.  

The  Committee  trusts  that  the  necessary  measures  to  revise  sections  5(8),  37(d)  and  38(3) of  the 
Labour  Code  will  soon  be  taken  so  as  to  ensure  that  the  Labour  Code  provides  for  an  adequate 
protection against anti-union discrimination taking into account the principles above. It requests the 
Government to provide information on the measures taken or envisaged in this respect.  

The  Committee  notes  article  42  of  the  Code  of  Administrative  Breaches  and  section  142  of  the 
Criminal Code imposing penalties for violation of the labour legislation. The Committee requests 
the Government to indicate the form of compensation available to workers, victims of acts of anti-
union discrimination, including dismissals, transfers, downgrading, etc.  

With regard to the Committee's previous request  to  provide for rapid appeal procedures, coupled 
with  effective  and  dissuasive  sanctions  against  acts  of  interference,  the  Committee  notes  the 
Government's  statement  that  section  42  of  the  Code  of  Administrative  Violations  punishes 
violations of labour legislation and labour protection rules by a penalty equivalent to a minimum of 
100  times  the  labour  remuneration  and  that  the  same  violation  committed  within  one  year 
following the imposition of an administrative penalty is punishable by a penalty equivalent to 200 
times the labour remuneration. 

The  Committee  had  previously  noted  that,  according  to  section  13  of  the  Labour  Code,  the 
employer (unilaterally) is authorized to specify the duration of a business week, the daily schedule, 
shifts, the duration of breaks, the time and place of remuneration payment, the duration of and the 
procedure for granting a leave and unpaid leave, the rules for complying with labour conditions, the 
type  and  the  procedure  for  work-related  incentives  and  responsibilities,  the  procedures  for 
consideration  of  complaints/applications  and  other  special  rules  subject  to  the  specifics  of  the 

EN 

93 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
business of the organization. The Committee notes the Government's indication that an employer is 
authorized to introduce internal operation rules only if working conditions are not regulated by a 
labour agreement (either individual or collective) and that if working conditions are regulated by a 
labour agreement, such an agreement prevails over any other internal rules.  

Considering  that  direct  negotiation  between  the  undertaking  and  its  employees,  bypassing 
representative  organizations  where  these  exist,  runs  counter  to  the  principle  that  negotiation 
between  employers  and  organizations  of  workers  should  be  encouraged  and  promoted,  the 
Committee  requests  the  Government  to  take  the  necessary  measures  in  order  to  amend  its 
legislation so as to ensure that the position of trade unions is not undermined by the existence of 
other employees’ representatives or discriminatory situations in favour of the non-unionized staff. 
The Committee requests the Government to indicate any developments in this regard.  

The Committee notes the information provided by the Government according to which most of the 
Georgian  state  institutions  and  companies  have  collective  agreements  with  trade  unions.  The 
Committee requests the Government to indicate the number of collective agreements concluded in 
the country within the next reporting period and to provide statistics in this regard in relation to the 
private sector. 

The  CAS  noted  the  oral  and  written  information  provided  by  the  Government  representative  and 
the discussion that followed. 

The Committee observed that the Committee of Experts raised issues relating to an insufficiency in 
the  legislative  framework  for  the  effective  protection  against  anti-union  discrimination  and 
promotion of collective bargaining, which needed to be clarified in further detail in the Committee 
of Experts’ next observation. 

The Committee took due note of the Government representative’s statement and, in particular, the 
information  regarding  the  tripartite  roundtable  held  in  October  2009  and  the  recently  established 
Tripartite  Social  Partnership  Commission  set  up  to  review  the  labour  legislation  and  to  examine 
some  complaints  of  anti-union  discrimination.  The  Government  representative  indicated  that 
technical advisory services had been provided by the ILO with respect to this process. Finally, the 
Government representative made reference to companies that had concluded collective agreements 
with unions. 

http://www.ilo.org/ilc/ILCSessio
ns/99thSession/pr/lang--
en/docName--
WCMS_141871/index.htm 

EN 

94 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
29 
-  Forced  or 
Compulsory Labour

- 

Equal 
100 
Remuneration 
of 
Men  and  Women 
Workers  for  Work 
of Equal Value 

1. CEACR 

2. 2010 

3.http://www.ilo.org/ilc/ILCSessi
ons/98thSession/Reportssubmitte
dtotheConference/lang--
en/docName--
WCMS_123424/index.htm 

The Committee welcomed the steps taken by the Government to institutionalize social dialogue in 
the  country  and  urged  the  Government  to  intensify  this  dialogue.  It  hoped  that  this  new  social 
partnership, accompanied by ILO technical assistance, would give rise to concrete action ensuring 
that  the  legislation  was  fully  in  conformity  with  the  Convention.  It  requested  the  Government  to 
intensify its dialogue with the Committee of Experts with respect to any outstanding issues in its 
comments and to continue to provide detailed information on the application of the Convention in 
practice,  including  statistics  on  the  number  of  confirmed  cases  of  anti-union  discrimination,  the 
remedies provided and the sanctions imposed. 

The  Committee  recalls  that  the  Labour  Code  of  2006  contains  no  provision  regarding  equal 
remuneration  for  men  and  women  for  work  of  equal  value  and  that  the  Committee  therefore 
pointed  to  the  need  to  introduce  legislation  giving  effect  to  this  principle,  as  set  out  in  the 
Convention. In its reply to the Committee's comments, the Government stated that the legislation 
guaranteed  gender  equality  and  that  it  protected  women  from  any  kind  of  discrimination.  The 
Government  referred  in  this  respect  to  article  14  of  the  Constitution  and  to  section  2(3)  of  the 
Labour Code.  

The Committee notes that while section 2(3) of the Labour Code is important in the context of the 
Convention, it falls short of giving legislative expression to the principle of equal remuneration for 
men  and  women  for  work  of  equal  value.  The  Committee  considers  that  legislation  that  is  more 
restrictive in its scope than is required to give effect to the principle of equal remuneration for men 
and  women  for  work  of  equal  value  is  not  in  conformity  with  the  Convention.  Finally,  the 
Committee notes that the absence of court cases regarding equal remuneration, as reported by the 
Government, may well indicate the lack of an appropriate legal basis for bringing such cases.  

Noting  that  the  Action  Plan  on  Gender  Equality  for  2007–09  provides  for  the  creation  of  a  legal 
framework for gender equality, the Committee urges the Government to strengthen the legislation 
by giving full legislative expression to the principle of equal remuneration for men and women for 
work of equal value, with a view to ensuring full and effective implementation of the Convention. 
The  Committee  requests  also  the  Government  to  provide  information  on  the  measures  taken  or 

EN 

95 

EN 

 
  
 
 
 
 
 
 
 
105  -  Abolition  of 
Forced Labour 

111 - Discrimination 
in 
of 
Respect 
Employment 
and 
Occupation 

1. CEACR 

2. 2010 

3.http://www.ilo.org/ilc/ILCSessi
ons/98thSession/Reportssubmitte
dtotheConference/lang--
en/docName--
WCMS_123424/index.htm 

138 - Minimum Age 
for  Admission 
to 
Employment 

1. CEACR 

2. 2009 

3.http://www.ilo.org/ilc/ILCSessi
ons/98thSession/Reportssubmitte
dtotheConference/lang--
en/docName--

envisaged in this regard. 

In  its  previous  observation  the  Committee  asked  the  Government  whether  the  Labour  Code's 
prohibition of discrimination “in employment relations” (section 2(3)) covers discrimination at the 
stage  of  recruitment  and  selection  and  whether  it  covers  direct  and  indirect  discrimination.  The 
Committee notes the Government's statement that the Georgian legislation protects the population 
from any kind of discrimination, including in the Constitution, the Labour Code, and a number of 
other laws. The Government further stated that also indirect discrimination was prohibited by the 
Georgian legislation, including in the Penal Code and the Labour Code. The Government did not 
have information on any discrimination cases lodged before the court under the Labour Code.  

Taking into account the Government’s statements that the legislation is meant to cover all forms of 
discrimination  in  employment  and  occupation,  including  discrimination  in  respect  of  recruitment 
and  selection,  as  well  as  indirect  discrimination,  the  Committee  strongly  recommends  that  the 
existing non-discrimination provisions of the Labour Code be amended: (i) to provide for a clear 
definition  of  direct  and  indirect  discrimination;  and  (ii)  to  clarify  that  the  prohibition  of 
discrimination also applies to recruitment and selection, in accordance with the Convention.  

The  Committee  also  asks  the  Government  to  provide  information  on  the  measures  taken  or 
envisaged  to sensitize  the  judiciary,  labour  inspectors  and  the public  regarding  the prohibition of 
direct  and  indirect  discrimination  in  employment  and  occupation.  The  Committee  requests  the 
Government as well to provide copies of relevant court decisions. 

The Committee notes the information provided by the GTUC concerning the work of children at 
the age of between 5 and 15 years in Georgia (including in the streets of Tbilisi and in agriculture) 
and the Government's reply. The Committee further notes the Government’s indication that, in the 
near  future,  UNICEF  plans  to  conduct  a  study  on  street  children  which  would  possibly  help  the 
Government  to  evaluate  the  actual  situation  and  to  plan  for  specific  measures.  The  Committee, 
nevertheless,  notes  that  according  to  the  Multiple  Indicator  Cluster  Survey  (MICS),  UNICEF,  in 
the period 1999-2005 there was an important drop in the percentage of children involved in labour 
in Georgia. In this respect, the Committee requests the Government to pursue its efforts to ensure 
that no child under the age of 15 years performs child labour in any sector of economic activity. It 

EN 

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WCMS_103484/index.htm 

also  requests  the  Government  to  provide  recent  statistical  information  on  the  employment  of 
children  and  young  persons,  in  particular  children  working  on  the  streets  and  in  the  agricultural 
sector. 

The  Committee  previously  noted  the  Government’s  indication  that  self-employment  is  not 
regulated by the legislation of Georgia. The Committee had, therefore, requested the Government 
to  provide  information  on  the  manner  in  which  the  protection  afforded  by  the  Convention  is 
secured  for  children  who  work  in  the  agricultural  sector,  as  well  as  those  working  on  their  own 
account. The Committee notes the Government’s information that, according to section 4(2) of the 
Labour Code, the labour capacity of children below 16 years shall only be permitted under certain 
conditions. The Committee reminds the Government that, by virtue of the minimum age specified 
by it, children under 15 years of age shall not be permitted to work, regardless of the type of work 
performed,  and  whether  it  is  paid  or  not,  with  the  exception  of  light  work,  which  can  only  be 
carried  out  under  the  conditions  laid  down  in  Article  7  of  the  Convention.  The  Committee  once 
again requests the Government to take the necessary measures to ensure that children working in 
the agricultural sector, as well as those working on their own account, are entitled to the protection 
afforded  by  the  Convention.  It  also  requests  the  Government  to  take  measures  to  adapt  and 
strengthen the labour inspection services, in order to ensure that the protection established by the 
Convention is applied to all self-employed children. 

The Committee previously noted that, according to section 4(5) of the Labour Code of 2006, it is 
prohibited to conclude a contract with under age persons for hard, unhealthy and hazardous work. 
It had also noted section 4(4) of the Labour Code, which prohibits under age persons from entering 
into a contract for work related to certain activities. The Committee requested the Government to 
indicate the legal provisions which define under age persons as persons under the age of 18 years. 
The Committee notes with interest the Government’s information that, according to section 12 of 
the Civil Code of Georgia, a minor is a person under the age of 18 years. The Government further 
states that the Labour Code does not provide for a definition different from that of the Civil Code 
of Georgia. 

The Committee previously noted that, under the new Labour Code, a draft list of hard, harmful and 
hazardous work has been elaborated and sent to the employees’ and employers’ organizations for 
approval. The Committee notes with satisfaction the Government’s information that the Minister of 
Labour, Health and Social Affairs adopted Order No. 147/N, 3 May 2007 which provides for a list 
of heavy, hazardous and harmful works. The Committee requests the Government to supply a copy 
of the above Order No. 147/N along with its next report. 

EN 

97 

EN 

 
  
The  Committee  previously  noted  the  comments  by  the  GTUC  and  the  Government  concerning 
hours and other working conditions for children of 14-16 years of age. The Committee observes, 
however, that the Labour Code does not contain provisions which prescribe the number of working 
hours during which young persons may work. The Committee once again recalls that, according to 
Article 7, paragraph 3, of the Convention, the competent authority shall determine the activities in 
which  employment  or  work  may  be  permitted  and  shall  prescribe  the  number  of  hours  during 
which  such  employment  or  work  may  be  undertaken.  The  Committee  accordingly  requests  the 
Government to take the necessary measures to determine light work activities and to prescribe the 
number of hours during which light work may be undertaken by young persons of 14 years of age 
and above, in conformity with the Convention. 

1. Monitoring Body 

Latest recommendations by the monitoring body. 

2. Date of latest Report 

3. Web link 

-  Prohibition 
182 
Immediate 
and 
Action 
the 
for 
Elimination  of  the 
Worst  Forms 
of 
Child Labour 

UN 
CONVENTIONS 
CORE 
ON 
HUMAN RIGHTS: 

Convention  on  the 
Prevention 
and 
Punishment  of  the 
Crime of Genocide 

International 
Convention  on  the 
Elimination  of  All 
Forms  of  Racial 

EN 

98 

EN 

 
  
 
 
 
 
 
 
 
 
 
Discrimination 

International 
Covenant  on  Civil 
and Political Rights 

International 
on 
Covenant 
Social 
Economic, 
and Cultural Rights 

International 
Convention  on  the 
Suppression 
and 
Punishment  of  the 
Crime of Apartheid 

Convention  on  the 
Elimination  of  All 
Forms 
of 
Discrimination 
against Women 

Convention  against 
Torture  and  Other 
Cruel,  Inhuman  or 
Degrading 
Treatment 
Punishment 

or 

Convention  on  the 
Rights of the Child 

1. CRC 

2. 23 June 2008 

The  Committee  noted  with  appreciation  the  legislative  and  programmatic  measures  taken  with  a 
view  to  implementing  the  Convention  as  well  as  the  ratification/accession  by  the  State  party  to 
other Conventions and Protocols. 

3.http://www2.ohchr.org/english/

The  Committee  encouraged  the  State  party  to  adopt  a  comprehensive  action  plan  that  covers  all 

EN 

99 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
  
bodies/crc/docs/co/CRC.C.GEO.
CO.3.doc 

areas  of  the  Convention,  to  establish  an  independent  and  easily  accessible  and  user-friendly 
complaint  mechanism,  to  encourage  and  support  the  active  and  systematic  involvement  of  civil 
society, including NGOs, in the promotion and implementation of children’s rights, to monitor and 
ensure  implementation  of  existing  laws  guaranteeing  the  principle  of  non-discrimination,  to 
increase  opportunities  for  children’s  participation,  including  in  the  media,  to  ensure  full  birth 
registration throughout the country, to adopt legislation explicitly prohibiting all forms of corporal 
punishment  of  children  in  all  settings,  including  the  home,  to  seek  technical  assistance  from 
UNICEF, OHCHR and WHO, to expand the Special Project on Poverty so that no child is placed 
under  State  care  as  a  result  of  the  poverty  of  his/her  parents,  to  reinforce  mechanisms  for 
monitoring  the  number  of  cases  and  the  extent  of  violence,  sexual  abuse  and  neglect  within  the 
family, to undertake awareness-raising campaigns to sensitize the public on the rights of children 
with disabilities, to promote and ensure access to reproductive health services for all adolescents, 
including  sex  and  reproductive  health  education,  to  the  protect  the  rights  of  internally  displaced 
children, to prevent child labour and eliminate the worst forms of child labour and provide street 
children with recovery and social reintegration services, to ensure that child victims of trafficking 
are  protected  and  not  criminalized,  to  provide  children  in  need  with  legal  assistance  at  an  early 
stage of the procedure and ensure that children in detention are provided with basic services and to 
reinstate, as a matter of urgency, the minimum age of criminal responsibility at 14 years. 

CONVENTIONS 
ON 
ENVIRONMENT 
AND 
GOVERNANCE 
PRINCIPLES : 

Montreal  Protocol 
on  Substances  that 
Deplete  the  Ozone 
Layer 

Basel  Convention 
on  the  Control  of 
Transboundary 

1. the Monitoring Body 

Latest recommendations by the monitoring body. 

2. Date of latest Report 

3. Web link 

1.Implementation Committee 

In 2010, no new non-compliance issues reported by the Implementation Committee. 

2. 13 July 2010 

http://www.unep.ch/Ozone/Meeting_Documents/impcom/IMPCOM-44-5E.pdf 

3. http://ozone.unep.org/ 

1. Compliance Committee 

Reporting until 2006 is almost complete but the report for 2007 has not been submitted. 

EN 

100 

EN 

 
  
 
 
of 
Movements 
Hazardous  Wastes 
and Their Disposal 

Stockholm 
Convention 
on 
Persistent  Organic 
Pollutants 

- 
CITES 
Convention 
on 
International  Trade 
Endangered 
in 
of  Wild 
Species 

EN 

2. N/A 

Information on the status of national reporting in 2008 not yet published on the Basel website. 

3.http://www.basel.int/legalmatte
rs/compcommitee/index.html 

1. No compliance committee 
established yet. Compliance 
assessed through the following: 

- national implementation plan 
required by Art.7 

http://chm.pops.int/Countries/Nat
ionalImplementation/tabid/253/la
nguage/en-US/Default.aspx 

- national report required by Art. 
15 
http://chm.pops.int/Countries/Nat
ionalReports/FirstRoundofParty
Reports/tabid/254/language/en-
US/Default.aspx 

- contributions to the convention 
budget 
http://chm.pops.int/Countries/Co
ntributions/tabid/374/language/e
n-US/Default.aspx 

1. Standing Committee 

2. 11 March 2010 

National implementation report required by Art.7 due on 2 January 2009.As of October 2010, the 
transmission is still pending. Article 15 report not submitted. The second reporting cycle has just 
been  initiated.  The  reports  received  from  the  Parties  will  be  published  once  the  submissions  are 
completed. According to decision SC-4/30, the deadline for report submissions is 31 October 2010. 

http://www.pops.int/documents/implementation/nips/submissions/default.htm 

Contributions for 2010 have been paid. 

http://www.pops.int/documents/meetings/cop_3/meetingdocs/report/COP3%20advance%20report_ 

en.pdf 

Implementing legislation is under review by the CITES Secretariat and is not yet believed to meet 
the requirements for the implementation of CITES (category 2). 

3.http://www.cites.org/common/c

Georgia has yet to comply fully with Article VIII, paragraph 7 of CITES which requires each Party 
to submit a biennial report on legislative, regulatory and administrative measures taken to enforce 

101 

EN 

 
  
Fauna and Flora 

om/SC/59/E59-11A.pdf 

the  Convention  (deadline  for  the  submission  being  the  31st  of  October  of  the  year  following  the 
year  for  which  the  report was  due)  (2003-2004  missing, 2005-2006  received,).  Annual  report  for 
2009 submitted.  

on 
Convention 
Biological Diversity 

1. Compliance assessed through 
the following: 

2nd, 3rd and 4th national reports have been submitted. 

There are some unpaid mandatory contributions to the CBD core budget. 

- National Biodiversity Strategy 
and Action plan required by Art. 
6 

http://www.cbd.int/nbsap/ 

- national report required by Art. 
26 

http://www.cbd.int/countries/ 

to 

level  of  payments: 

Link 
http://www.cbd.int/convention/p
arties/contributions.shtml?tab=2 

Cartagena  Protocol 
on Biosafety 

1. Compliance Committee 

No reports submitted yet. 

2. 23 September 2010 

Contributions for 2010 have been paid. 

3.http://www.cbd.int/doc/meetin
gs/bs/bscc-07/official/bscc-07-
03-en.pdf 

Kyoto  Protocol  to 
the  United  Nations 
Framework 
Convention 

on 

1. Compliance Committee 

No non-compliance proceedings were started against Georgia. 

2. 8 October 2010  

3.http://unfccc.int/resource/docs/

EN 

102 

EN 

 
  
 
Climate Change 

2010/cmp6/eng/06.pdf 

United 
Nations 
Single  Convention 
on Narcotic Drugs 

1.INCB 

No specific recommendations 

2.24 February 2010 

Convention 
Psychotropic 
Substances 

on 

3.http://www.incb.org/incb/en/an
nual-report-2009.html 

Illicit  Traffic 
in 
Narcotic  Drugs  and 
Psychotropic 
Substances 

United 
Nations 
Convention  against 
Corruption 

1.United  Nation  secretariat  – 
Report  on  Compliance  with  the 
United  Nations  Convention 
against Corruption 

2.  9  September  2009  (general 
distribution) 

3.http://www.unodc.org/docume
nts/treaties/UNCAC/COSP/sessi
on3/V0986236e.pdf 

Georgia did not provide a self-assessment report on its implementation of the Convention. 

EN 

103 

EN 

 
  
 
 
 
8. 

GUATEMALA (GU) 

CONVENTION 

REPORTING STATUS 

RECOMMENDATIONS 

ILO 
CONVENTIONS 
ON 
CORE 
LABOUR RIGHTS:

-  Freedom  of 
and 
the 

87 
Association 
Protection  of 
Right to Organise 

1. Monitoring Body 

Latest recommendations by the monitoring body. 

2. Date of latest Report 

3. Web link 

1. CAS, CEACR and CFA  

2. 2010 

3.http://www.ilo.org/wcmsp5/gro
ups/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_123424.pdf; 

http://www.ilo.org/wcmsp5/grou
ps/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_124972.pdf 

The  Committee  requests  the  Government  to:  (1)  ensure  the  protection  of  trade  unionists  who  are 
under threat of death; (2) convey to the public prosecutors and the Supreme Court of Justice its deep 
concern  at  the  slowness  and  ill-effectiveness  of  the  judicial  system  and  its  recommendation 
concerning the need to elucidate murders and crimes committed against trade unionists with a view to 
penalizing those responsible; (3) allocate sufficient resources for these objectives, and consequently 
increase  human  and  material  resources,  ensure  coordination  between  the  various  state  bodies  who 
may be called upon to intervene in the judicial system and train investigators; and (4) give priority to 
these matters in Government policy. The Committee invites the Government to have recourse to ILO 
technical assistance to resolve the grave problem of criminal impunity with regard to crimes against 
trade unionists.  

The  Committee  requests  the  Government  to  provide  regular  information  on  the  attainment  of  the 
objectives  of  the  Road  Map  and  the  administrative,  judicial  and  legal  reforms  set  out  therein.  The 
Committee  trusts  that  the  objectives  and  measures  envisaged  in  the  Road  Map  will  result  within  a 
reasonable period of time in crucial improvements with regard to the serious problems raised.  

http://www.ilo.org/global/standar
ds/WCMS_145220/lang--
en/index.htm 

The CAS noted that the Committee of Experts continued to raise with concern the following issues: 
numerous serious acts of violence, including murders and threats against trade union members; the 
stigmatization  of  trade  unions;  and  legislative  provisions  and  practices  that  were  not  in  conformity 
with the rights set out in the Convention. 

The  Committee  of  Experts  had  also  noted  the  ineffectiveness  of  criminal  procedures  in  relation  to 
acts  of  violence,  excessive  delays  in  the  judicial  procedures  and  the  lack  of  independence  of  the 
judicial authorities which was giving rise to a serious situation of impunity.  

EN 

104 

EN 

 
  
 
 
 
The  Committee  noted  with  concern  that  the  Government  had  not  shown  sufficient  political  will  to 
take action to combat violence against trade union leaders and members and to combat impunity. The 
Committee  emphasized  the  need  to  make  substantial  progress  in  sentencing  in  relation  to  acts  of 
violence against trade unionists and in ensuring that, not only the direct authors of the crime, but also 
the  instigators  were  punished.  The  Committee  requested  the  Government  to  intensify  its  efforts  to 
bring an end to impunity, including by considerably increasing the budgetary resources allocated to 
the judiciary, the prosecutors, the police and the labour inspectorate. 

Also  observing  with  concern  the  generalized  climate  of  violence,  the  Committee  recalled  that 
freedom  of  association  could  not  be  exercised  in  a  climate  where  personal  safety  and  basic  civil 
liberties  were  not  guaranteed.  The  Committee  urged  the  Government  to  ensure  simple  and  prompt 
recourse or any other effective recourse to competent courts or tribunals for protection against acts 
that were in violation of fundamental rights. 

The  Committee  requested  the  Government  to  take  measures  to  strengthen  social  dialogue,  redefine 
the  representation  bodies  and  guarantee  access  for  workers’  representatives  that  have  been  freely 
elected  by  the  organizations  existing  in  the  country,  in  accordance  with  the  comments  of  the 
supervisory bodies. In this regard, the Committee requested the Government to clarify the situation of 
the Trade Union Confederation of Guatemala (UNSITRAGUA) without delay, with ILO assistance. 

The  Committee  considered  that  innovative  solutions  needed  to  be  examined  with  a  view  to 
addressing as a priority the issue of impunity and the pending legislative questions. 

The  Committee  requested  the  Government  to  accept  the  possibility  of  the  visit  of  an  important 
international  public  figure,  accompanied  by  the  ILO  at  a  high  level,  to  examine  these  matters  and 
make recommendations.  

The Conference Committee on the Application of standards requested the Government to provide a 
detailed report to the Committee of Experts this year with information on tangible progress on all the 
above  matters  and  expressed  the  firm  hope  that  it  would  be  in  a  position  to  note  substantial 
improvements in the application of the Convention next year (2011). 

EN 

105 

EN 

 
  
 
 
98  -  Application  of 
the Principles of the 
Right  to  Organise 
and 
to  Bargain 
Collectively 

1. CEACR and CFA 

2. 2010 

3.http://www.ilo.org/wcmsp5/gro
ups/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_123424.pdf; 

http://www.ilo.org/wcmsp5/grou
ps/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_124972.pdf 

The Committee hopes that, in the context of the tripartite agreement concluded during the high-level 
mission,  all  of  the  issues  raised,  as  well  as  the  comments  of  the  ITUC,  the  Trade  Union 
Confederation of Guatemala (UNSITRAGUA) and the MSICG will be examined and addressed in a 
tripartite  context  by  the  Government  and  the  social  partners  in  the  framework  of  the  Tripartite 
Commission  on  International  Labour  Affairs,  as  well  as  the  Legal  Reform  Subcommittee  and  the 
mechanism for rapid intervention in cases. 

The Committee recalls that for many years it has been referring to problems relating to restrictions on 
the  exercise  of  trade  union  rights  in  practice.  The  Committee  has  received  the  report  of  the  first 
technical assistance mission (November 2008) following up the high-level mission (April 2008) and 
of  a  second  technical  assistance  mission  (January  2009),  to  which  are  attached  the  proposed 
legislative reforms that are before the National Tripartite Commission. The Committee firmly hopes 
that, with the technical assistance that it is receiving, the Government will be in a position to provide 
information in its next report on progress in relation to the various points referred to above. 

The Committee requests the Government to continue providing information on the number of unions 
and of collective accords, the number of members and the complaints made in 2008 and 2009 to the 
labour inspection services concerning violations of trade union rights. 

29 
-  Forced  or 
Compulsory Labour

1. CEACR 

2. 2010 

The  Committee  requested  the  Government  to  provide  information  on  the  measures  adopted  or 
envisaged to ensure compliance with articles 1, paragraph 1, and 2, paragraph 1, of the Convention. 
Obligation to work overtime under threat of a penalty.  

3.http://www.ilo.org/wcmsp5/gro
ups/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_123424.pdf 

Public sector: Justices of the peace – judicial bodies; national civil police; municipal water company 
(EMPAGUA)  –  municipality  of  the  capital  City  of  Guatemala:  The  Committee  hopes  that  the 
Government  will  take  the  necessary  measures  to  ensure  that  the  requirement  is  not  imposed  to 
perform work in excess of the limits imposed by the legislation, with refusal being punished by the 
loss of employment. Such conditions constitute forced labour under the terms of the Convention. The 
Committee hopes that the Government will provide information on the progress achieved in ensuring 
compliance with the Convention. 

The Committee hopes that the Government will provide information on developments relating to the 
Employees  of  EMPAGUA  case  that  is  before  the  Court  of  Appeal  and  on  the  application  of  the 
working conditions envisaged in the arbitration award so that the performance may not be required of 

EN 

106 

EN 

 
  
 
 
 
 
 
overtime hours under the threat of dismissal or penal persecution. 

The  Committee  hopes  that  the  Government  will  provide  information  on  the  measures  adopted  or 
envisaged  to  protect  this  category  of  workers  against  the  imposition  of  compulsory  work  outside 
normal working hours. 

Private sector: Plantations: The Committee hopes that the Government will provide information on 
the outcome of the denunciations made in 2008 (which were under examination when the report was 
sent)  and  that  the  Government  will  continue  to  provide  information  on  the  measures  adopted  to 
ensure that in the plantations sector work is not imposed in excess of normal working hours under the 
threat of dismissal. 

- 

Equal 
100 
Remuneration 
of 
Men  and  Women 
Workers  for  Work 
of Equal Value 

1. CEACR 

2. 2010 

3.http://www.ilo.org/wcmsp5/gro
ups/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_123424.pdf 

The  Committee  asks  the  Government  to  supply  detailed  information  on  the  measures  taken  or 
contemplated  to  reduce  the  gender  wage  gap.  It  also  asks  the  Government  to  supply  up  to  date 
statistics  on  the  rates  of  remuneration  for  men  and  women  in  the  various  sectors  of  activity, 
disaggregated  by  occupational  category  and  job,  to  enable  the  Committee  to  evaluate  progress 
achieved. 

The Committee urges the Government to take all necessary steps to give legislative expression to the 
principle  of  equal  remuneration  for  men  and  women  for  work  of  equal  value,  and  encourages  the 
Government to seek technical assistance from the Office in this respect, if necessary. 

105  -  Abolition  of 
Forced Labour 

111 - Discrimination 
in 
of 
Respect 
and 
Employment 
Occupation 

1. CEACR 

2. 2010 

3.http://www.ilo.org/wcmsp5/gro
ups/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_123424.pdf 

The  Committee  urges  the  Government  to  take  all  the  necessary  measures  without  delay  and  in 
consultation with the social partners, to ensure effective protection of women against discrimination 
on  the  basis  of  pregnancy  with  regard  to  obtaining  and  keeping  a  job  and  against  reprisals  for 
bringing  cases  of  discrimination,  including  measures  aimed  at  sensitizing  judges,  lawyers,  labour 
inspectors and bodies responsible for enforcing compliance with the relevant regulations. Please also 
provide  information  on  the  measures  taken  in  this  regard  by  the  Department  for  the  Promotion  of 
Working  Women  and  the  number  of  cases  of  reinstatement  of  women  workers  and  recognition  of 
maternity  benefits  which  are  the  result  of  action  taken  by  the  General  Labour  Inspectorate  and  the 

EN 

107 

EN 

 
  
 
 
 
138 - Minimum Age 
for  Admission 
to 
Employment 

1. CEACR 

2. 2009 

3.www.ilo.org/wcmsp5/groups/p
ublic/---.../wcms_103484.pdf 

-  Prohibition 
182 
Immediate 
and 
Action 
the 
for 
Elimination  of  the 
Worst  Forms 
of 
Child Labour 

1. CEACR 

2. 2009 

3.www.ilo.org/wcmsp5/groups/p
ublic/---.../wcms_103484.pdf 

Department for the Promotion of Working Women. 

The Committee requests the Government to provide information on the measures taken or envisaged 
to  eliminate  the  gaps  between  indigenous  persons  and  non-indigenous  persons,  as  identified  in  the 
“Analysis  of  Racism”  study,  with  regard  to  access  to  education,  employment  and  occupation  and 
with regard to working conditions, including information on the measures taken in the context of the 
public policy on coexistence and the elimination of racism, and on the results achieved. 

The  Committee  states  once  again  that  it  is  very  concerned  about  the  number  of  children  under  14 
years of age obliged to work and urges the Government to step up its efforts to improve this situation. 
In this respect, it requests the Government to provide information on the measures taken, especially 
in the context of the implementation of the public policy for the full protection of children and young 
persons and the Action Plan on Children and Young Persons (2004–15), with a view to eliminating 
child labour. The Committee requests the Government to provide information on the results obtained. 
Finally,  it  requests  the  Government  to  provide  a  copy  of  the  study  on  the  living  conditions  in 
Guatemala, which was carried out in 2006. 

The  Committee  requests  the  Government  to  provide  information  on  the  implementation  of  the 
Regulation on the application of Convention No. 182 in practice, by giving details on the inspections 
carried  out  by  the  labour  inspectors  in  the  factories  manufacturing  fireworks,  submitting  extracts 
from  the  reports  of  the  inspection  services,  and  specifying  the  number  and  nature  of  violations 
recorded and the penalties applied. 

The  Committee  urges  the  Government  to  take  immediate  and  effective  measures  to  ensure  the 
protection  of  children  under  18  years  of  age  against  sale  and  trafficking  for  sexual  exploitation.  In 
this regard, it requests the Government to provide  information on the application in practice of the 
provisions of the Penal Code prohibiting the sale and trafficking of children for sexual exploitation, 
by  providing,  in  particular,  statistics  on  convictions  and  the  penal sanctions  imposed.  Furthermore, 
taking into account the information that investigations are conducted and individuals are prosecuted, 
the  Committee  requests  the  Government  to  provide  the  court  decisions  handed  down.  Finally,  it 
requests the Government to provide a copy of the law against violence, exploitation and trafficking 
for sexual purposes and of the amended Penal Code as soon as they have been adopted. 

The Committee requests the Government to provide information on the time-bound measures taken 
in  the  context  of  the  implementation  of  the  ILO–IPEC  regional  project  for  the  prevention  and 

EN 

108 

EN 

 
  
 
 
 
 
elimination  of  the  commercial  sexual  exploitation  of  children  and  on  the  results  achieved  to:  (a) 
prevent  children  from  becoming  victims  of  commercial  sexual  exploitation  or  trafficking  for  that 
purpose; and (b) provide the necessary and appropriate direct assistance to remove the child victims 
from  these  worst  forms  of  child  labour.  With  regard  to  the  public  policy  against  the  trafficking  of 
persons and for the full protection of the victims and the National Plan of Strategic Action (2007–17), 
the Committee requests the Government to provide information on the specific time-bound measures 
taken in the context of their implementation, to ensure the rehabilitation and social integration of the 
child victims removed from these worst forms of labour. 

The  Committee  is  also  concerned  at  this  situation  and  expresses  the  firm  hope  that  the 
implementation  of  the  National  Protocol  for  the  repatriation  of  boys,  girls  and  young  persons  who 
have been victims of trafficking and of the regional directives for the special protection for returning 
victims  of  trafficking  will  allow  this  situation  to  be  remedied.  In  this  regard,  it  requests  the 
Government  to  provide  information  on  the  measures  taken  to  ensure  the  rehabilitation  and  social 
integration  of  child  victims  removed  from  trafficking  for  commercial  sexual  exploitation  in  their 
country of origin. 

1. Monitoring Body 

Latest recommendations by the monitoring body. 

2. Date of latest Report 

3. Web link 

UN 
CONVENTIONS 
ON 
CORE 
HUMAN RIGHTS: 

Convention  on  the 
and 
Prevention 
Punishment  of  the 
Crime of Genocide 

International 
Convention  on  the 
Elimination  of  All 
Forms  of  Racial 
Discrimination 

EN 

109 

EN 

 
  
  
 
 
 
 
International 
Covenant  on  Civil 
and Political Rights 

International 
on 
Covenant 
Economic, 
Social 
and Cultural Rights 

International 
Convention  on  the 
Suppression 
and 
Punishment  of  the 
Crime of Apartheid 

Convention  on  the 
Elimination  of  All 
Forms 
of 
Discrimination 
against Women 

1. CEDAW 

2. 12 February 2009 

3. http://daccess-dds-
ny.un.org/doc/UNDOC/GEN/N0
9/236/32/PDF/N0923632.pdf?Op
enElement 

The  Committee  noted  with  satisfaction  the  State  party’s  efforts  to  implement  the  Convention, 
welcoming  in  particular  the  entry  into  force  of  the  Act  on  Femicide  and  Other  Forms  of  Violence 
against Women as well as the reinforcement of the Presidential Secretariat for Women, the Office for 
the Defence of Indigenous Women’s Rights and the National Coordinating Office for the Prevention 
of Domestic Violence and Violence against Women. 

The  Committee  called  upon  the  State  party  to  take  proactive  measures,  including  legal  literacy 
programmes, to enhance women’s awareness of their rights, to eliminate discriminatory laws against 
women, to design programmes aiming at modifying stereotypical attitudes and cultural norms about 
the roles of women and men, to make sure that all women and girls who are victims of violence have 
access  to  protection,  to  enact  legislation  to  enable  prosecution,  punish  traffickers  and  ensure  the 
protection of trafficked women and girls, to reduce the illiteracy rate among indigenous women and 
to  continue  to  provide  education  to  all  women  and  girls,  especially  in  rural  areas,  to  eliminate 
occupational segregation, both horizontal and vertical and to adopt legislation guaranteeing equal pay 
for  equal  work,  to  strengthen  initiatives  aimed  at  encouraging  women’s  economic  sustainable 
empowerment  and  to  ensure  that  Maya,  Xinca  and  Garifuna  women  have  full  access  to  land, 
education and health services and can fully participate in decision-making processes. 

EN 

110 

EN 

 
  
 
 
 
 
 
 
  
 
 
 
Convention  against 
Torture  and  Other 
Cruel,  Inhuman  or 
Degrading 
Treatment 
Punishment 

or 

Convention  on  the 
Rights of the Child 

1. CRC 

2. 1 October 2010 

The Committee welcomes a number of positive developments, including the adoption of legislative 
measures such as The Adoption Law (2007) and The Law Against Sexual Violence, Exploitation and 
Trafficking in Persons (2009), the Early Warning System Law (2010). 

3.http://www2.ohchr.org/english/
bodies/crc/docs/co/CRC.C.GTM.
CO.3-4.doc 

The Committee recommends Guatemala to review its legislation with a view to amend the civil code 
and  increase  the  minimum  age  of  marriage  for  girls  to  16,  to  urgently  address  the  situation  of 
discrimination  against  Maya,  Garifuna  and  Xinca  children  in  its  policies,  set  up  a  comprehensive 
policy  to  prevent  killings  of  children,  to  ensure  access  of  all  children  to  free  birth  registration,  to 
prohibit  corporal  punishment  and  other  forms  of  cruel  punishment  of  children,  to  strengthen 
community programmes and promote foster families, to prosecute those involved in illegal adoptions 
and  sale  of  children  for  adoption  purposes,  ensure  specialized  investigations  into  sexual  abuse  and 
adequate victim care and programmes for the target population, ensure the rights of all children with 
disabilities,  to  provide  training  on  breastfeeding  promotion  and  support  by  well  qualified  and 
sensitized personnel, to take all the necessary measures to ensure an adequate standard of living for 
all children, including adequate housing, food and water, to ensure gratuity of education, to enact a 
migration  law  that  addresses  the  situation  faced  by  migrant  children,  to  explicitly  criminalize 
violations  of  the  provisions  of  the  Optional  Protocol  on  children  in  armed  conflict,  to  ensure  the 
elimination  of  child  labour  is  a  priority  on  the  social  and  poverty  eradication  agenda,  to  increase 
efforts and to take preventive measures to prevent children from living and working in the street and 
to properly implement the Law against Sexual Violence, Exploitation and Trafficking, inter alia by 
investigating, prosecuting and punishing the perpetrators. 

EN 

111 

EN 

 
  
 
 
 
 
 
 
 
CONVENTIONS 
ON 
ENVIRONMENT 
AND 
GOVERNANCE 
PRINCIPLES : 

Montreal  Protocol 
on  Substances  that 
Deplete  the  Ozone 
Layer 

Basel  Convention 
on  the  Control  of 
Transboundary 
of 
Movements 
Hazardous  Wastes 
and Their Disposal 

Stockholm 
Convention 
on 
Persistent  Organic 
Pollutants 

1. Monitoring Body 

Latest recommendations by the monitoring body. 

2. Date of latest Report 

3. Web link 

1.Implementation Committee 

In 2010, no new non-compliance issues reported by the Implementation Committee 

2. 21 November 2009 

Previous issues have been resolved. 

3. http://ozone.unep.org/ 

http://www.unep.ch/Ozone/Meeting_Documents/impcom/IMPCOM-44-5E.pdf 

1. Compliance Committee 

Only one report submitted until 2006, but the latest report for 2007 has been submitted. . 

2. N/A 

Information on the status of national reporting in 2008 not yet published on the Basel website. 

National report (Article 15) submitted. National implementation plan (art. 7) not submitted. 

Significant unpaid contributions. 

3.http://www.basel.int/legalmatte
rs/compcommitee/index.html 

No compliance committee 
established yet. Compliance 
assessed through the following: 

- national implementation plan 
required by Art.7 

http://chm.pops.int/Countries/Nat
ionalImplementation/tabid/253/la
nguage/en-US/Default.aspx 

- national report required by Art. 
15 
http://chm.pops.int/Countries/Nat

EN 

112 

EN 

 
  
ionalReports/FirstRoundofParty
Reports/tabid/254/language/en-
US/Default.aspx 

-  contributions  to  the  convention 
budget 
http://chm.pops.int/Countries/Co
ntributions/tabid/374/language/e
n-US/Default.aspx 

- 
CITES 
Convention 
on 
International  Trade 
Endangered 
in 
Species 
of  Wild 
Fauna and Flora 

1. Standing Committee 

2. 11 March 2010 

3.http://www.cites.org/common/c
om/SC/59/E59-11A.pdf 

Guatemala  has  yet  to  fully  comply  with  Article  VIII,  paragraph  7  of  CITES  which  requires  each 
Party  to  submit  a  biennial  report  on  legislative,  regulatory  and  administrative  measures  taken  to 
enforce the Convention (deadline for the submission being the 31st of October of the year following 
the year for which the report was due) (2003-2004 received) as well as to submit the annual reports 
on  its  CITES  trade,  containing  a  summary  of  information  on,  inter  alia,  the  number  and  type  of 
permits and certificates granted (all received except 2006). 

Convention 
on 
Biological Diversity 

1. Compliance assessed through 
the following: 

2nd, 3rd and 4th national reports have been submitted. 

There are significant unpaid mandatory contributions to the CBD core budget. 

- National Biodiversity Strategy 
and Action plan required by Art. 
6 

http://www.cbd.int/nbsap/ 

- national report required by Art. 
26 

http://www.cbd.int/countries/ 

to 

level  of  payments: 

Link 
http://www.cbd.int/convention/p
arties/contributions.shtml?tab=2 

EN 

113 

EN 

 
  
 
Cartagena  Protocol 
on Biosafety 

1. Compliance Committee 

First Regular National Report (2007) has not been submitted, but the Interim National Report (2005) 
has been submitted. 

2. 23 September 2010 

3.http://www.cbd.int/doc/meetin
gs/bs/bscc-07/official/bscc-07-
03-en.pdf 

Some contributions remain outstanding 

1. Compliance Committee 

No non-compliance proceedings were started against Guatemala. 

2. 8 October 2010  

3.http://unfccc.int/resource/docs/
2010/cmp6/eng/06.pdf 

Kyoto  Protocol  to 
the  United  Nations 
Framework 
Convention 
Climate Change 

on 

United 
Nations 
Single  Convention 
on Narcotic Drugs 

1.INCB 

2.24 February 2010 

Convention 
Psychotropic 
Substances 

on 

3.http://www.incb.org/incb/en/an
nual-report-2009.html 

A ministerial meeting was held in Managua in June 2009 under the auspices of the Central American 
Integration  System  (SICA)  and  UNODC.  Ministers  from  Belize,  the  Dominican  Republic,  El 
Salvador, Guatemala, Honduras, Mexico, Nicaragua and Panama declared their strong commitment 
to  the  fight  against  drug  trafficking,  organized  crime  and  terrorism  and  the  financing  of  such 
crime…The  Board  hopes  that  the  political  declaration  will  translate  into  effective  regional 
cooperation in combating organized crime and drug trafficking. 

Illicit  Traffic 
in 
Narcotic  Drugs  and 
Psychotropic 
Substances 

Nations 
United 
Convention  against 
Corruption 

1.United  Nation  secretariat  – 
Report  on  Compliance  with  the 
United  Nations  Convention 
against Corruption 

2.  9  September  2009  (general 

Articles that need further work for full compliance (as indicated in the self-assessment report) 

Article 5: Guatemala reported no implementation of the measures prescribed in article 5. 

Article 6: Guatemala reported no implementation of that provision. 

EN 

114 

EN 

 
  
 
distribution) 

3.http://www.unodc.org/docume
nts/treaties/UNCAC/COSP/sessi
on3/V0986236e.pdf 

Article 9: Guatemala indicated partial implementation With regard to measures establishing criteria 
for  public  procurement  decisions  (para.  1  (c)),  Guatemala  indicated  partial  implementation  and 
fulfilled the optional reporting item of describing the measures or actions to be adopted to ensure full 
implementation  and  the  time  frame  involved.  Guatemala  also  reported  partial  implementation  of  a 
system  of  domestic  review  of  public  procurement  decisions  and  measures  regarding  procurement 
personnel,  as  prescribed  by  paragraphs  1  (d)  and  (e).  While  Guatemala  assessed  its  systems  of 
auditing  and  accounting  standards  as  being  fully  compliant  with  paragraph  2  (c),  Guatemala 
mentioned that the system’s weakness was not in the normative framework, but rather in the control 
organisms… Guatemala reported partial compliance and Ecuador and Panama full compliance with 
paragraph 2 (e), concerning corrective measures upon failure to comply with the other requirements 
of  article  9,  paragraph  2…  Guatemala  indicated  no  implementation  of  measures  to  prevent  the 
falsification of public expenditure records, as prescribed by paragraph 3. 

Article 16: Guatemala indicated that it had criminalized active bribery of foreign public officials or 
officials  of  public  international  organizations,  in  accordance  with  paragraph  1,  but  reported  that  it 
was  not  in  compliance  with  the  non-mandatory  provision  of  paragraph  2,  regarding  the 
criminalization  of  passive  bribery  of  foreign  public  officials  and  officials  of  public  international 
organizations. 

Article 23: indicated partial implementation of the article under review… With regard to establishing 
predicate  offences,  as  required  in  paragraph  2  (a),  (b),  (c)  and  (e),  Guatemala  reported  partial 
implementation. Guatemala added that, by interpreting the Law against the Laundering of Money and 
Other Assets, all offences included in its national legislation could be regarded as predicate offences 
with respect to paragraph 2 (a). Therefore, it reported that the predicate offences were not limited to 
those  set  forth  in  the  Convention,  the  minimum  requirement  prescribed  by  paragraph  2  (b). 
Furthermore,  Guatemala  stated  that,  while  its  legislation  provided  for  the  prosecution  of  offences 
committed  within  and  outside  of  its  jurisdiction,  its  normative  framework  did  not  take  into 
consideration the principle of double criminality, as set forth in para. 2 (c).111. 

Article  25:  Guatemala  reported  that  it  had  not  criminalized  the  use  of  physical  force,  threat  or 
intimidation  to  interfere  with  witnesses  or  officials  in  relation  to  the  commission  of  offences 
established  in  accordance  with  the  Convention  (para.  (a)).  With  regard  to  the  establishment  as  a 
criminal offence of the use of physical force, threat or intimidation to interfere with the exercise of 
official  duties  by  a  justice  or  law  enforcement  official  in  relation  to  the  commission  of  offences 

EN 

115 

EN 

 
  
 
established  in  accordance  with  the  Convention  (para.  (b)),  Guatemala  stated  that  it  had  adopted 
relevant measures in partial compliance. 

Article 52: Guatemala indicated partial compliance with the provision under review and provided an 
extensive account of its applicable legislation. Guatemala indicated that its public officials were not 
required to report foreign financial accounts (non-mandatory provision of para. 6). 

Article  53:  Guatemala  stated  that  its  legislation  was  not  in  compliance  with  the  provision  under 
review. With regard to the implementation of measures to permit their courts to order the payment of 
compensation  or  damages  to  another  State  party,  in  accordance  with  paragraph  (b),  Guatemala 
indicated partial adherence. Guatemala reported full compliance with the provision under review but 
stated that no cases existed that could be used as examples of successful implementation. 

Article  54:  Guatemala  also  reported  no  implementation  of  article  54,  except  for  paragraph  1  (b), 
concerning  the  confiscation  of  property  of  foreign  origin,  with  which  it  assessed  itself  as  being 
partially in compliance. 

Article  55:  Guatemala  assessed  its  legislation  as  non-compliant  with  the  article  under  review,  with 
the  exception  of  paragraph  1,  concerning  measures  for  the  submission  of  a  request  for  order  of 
confiscation to competent authorities, which was reported to have been partially implemented. 

Article 57: Guatemala assessed their legislation as being non-compliant with article 57. 

EN 

116 

EN 

 
  
9. 

HONDURAS (HN) 

CONVENTION 

REPORTING STATUS 

RECOMMENDATIONS 

ILO 
CONVENTIONS 
ON 
CORE 
LABOUR RIGHTS:

-  Freedom  of 
and 
the 

87 
Association 
Protection  of 
Right to Organise 

1. Monitoring Body 

Latest recommendations by the monitoring body. 

2. Date of latest Report 

3. Web link 

1. CEACR and CFA 

2. 2010 

3.http://www.ilo.org/wcmsp5/gro
ups/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_123424.pdf 

http://www.ilo.org/wcmsp5/grou
ps/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_124972.pdf 

The Committee requests the Government to take the necessary steps to bring the Labour Code into 
conformity with the Convention and trusts that all the issues highlighted by the Committee will be 
taken into account. The Committee requests the Government to provide information in its next report 
on  all  measures  taken  in  this  respect  and  reminds  it  that  it  may  seek  technical  assistance  from  the 
Office. 

98  -  Application  of 
the Principles of the 
Right  to  Organise 
and 
to  Bargain 
Collectively 

1. CEACR and CFA 

2. 2010 

The  Committee  requests  the  Government  to  take  the  necessary  steps  to  include  provisions  in  the 
national legislation for adequate and full protection against any acts of anti-union discrimination or 
interference, establishing sufficiently effective and dissuasive penalties for such acts.  

3.http://www.ilo.org/wcmsp5/gro
ups/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_123424.pdf 

http://www.ilo.org/wcmsp5/grou

The  Committee  requests  the  Government  to  send  its  comments  on  the  observation  from  the  ITUC 
dated 26 August 2009 concerning alleged anti-union practices in export processing zones, delays in 
the administration of justice in cases of anti-union practices (the Government indicates the possibility 
of  a  summary  judgement  in  cases  of  unfair  dismissals  but  the  Committee  considers  that  more 
information  is  needed),  failure  to  comply  with  court  orders  for  the  reinstatement  of  trade  unionists 
(according  to  the  Government,  reinstatement  is  only  requested  by  the  worker  in  isolated  cases  in 

EN 

117 

EN 

 
  
ps/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_124972.pdf 

practice) and the creation of parallel trade unions by employers (the Government merely states that 
these  are  not  specific  allegations).  The  Committee  requests  the  Government  to  hold  tripartite 
discussions on this matter and keep it informed in this respect. 

The Committee requests the Government to take the necessary legislative measures to guarantee the 
full application of the Convention. 

The  Committee  requests  the  Government  to  send  its  observations  on  the  comments  made  by  the 
COHEP dated 6 October 2009 (including information on protection against anti-union dismissals in 
the public sector and the corresponding legislation). 

1. CEACR 

2. 2010 

3.http://www.ilo.org/wcmsp5/gro
ups/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_123424.pdf 

The Committee once again asks the Government to give full legislative expression to the principle of 
equal remuneration for men and women for work of equal value, and asks the Government to provide 
specific information on the progress achieved in amending section 44 of the LIOM and section 20(8) 
of its Regulations. 

The  Committee  asks  the  Government  to  take  steps  to  ensure  progress  is  made  in  developing  a 
national  classification  system,  based  on  objective  and  non-discriminatory  criteria  free  from  gender 
bias.  The  Government  is  also  asked  to  provide  specific  information  on  the  progress  made  in 
formulating a job classification system for the civil service, and to undertake an examination of the 
nature and extent of any wage disparities between men and women in the public sector. Please also 
provide information on the progress made by the inter-institutional working group to undertake the 
revision and harmonization of existing classifications. 

29 
-  Forced  or 
Compulsory Labour

- 

Equal 
100 
Remuneration 
of 
Men  and  Women 
Workers  for  Work 
of Equal Value 

105  -  Abolition  of 
Forced Labour 

111 - Discrimination 
in 
of 
Respect 
and 
Employment 
Occupation 

EN 

118 

EN 

 
  
 
 
 
 
 
 
 
 
 
138 - Minimum Age 
for  Admission 
to 
Employment 

1. CEACR 

2. 2009 

3.www.ilo.org/wcmsp5/groups/p
ublic/---.../wcms_103484.pdf 

The  Committee  firmly  requests  the  Government  to  continue  its  efforts  for  the  abolition  of  child 
labour.  In  this  respect,  the  Committee  requests  the  Government  to  provide  information  on  the 
measures that are taken in the context of the second National Plan of Action for the Elimination of 
Child Labour (2008–15), and particularly the programmes of action that are implemented, and of the 
Decent  Work  Country  Programme,  with  a  view  to  the  progressive  abolition  of  child  labour.  It 
requests the Government to provide information on the results achieved. The Committee also invites 
the  Government  to  provide  information  on  the  application  of  the  Convention  in  practice  including, 
for  example,  statistical  data  on  the  employment  of  children  and  young  persons,  extracts  from  the 
reports  of  the  inspection  services,  and  particularly  inspections  in  the  sectors  referred  to  above 
[agriculture,  forestry,  fishing,  domestic  work,  businesses,  hotels  and  restaurants,  manufacturing; 
construction, transport, shops and distribution]. 

Recalling once again that it has been raising this issue for a number of years, and taking into account 
the  worrying  statistics  referred  to  above,  the  Committee  expresses  the  firm  hope  that  the  draft 
revision of the Labour Code will be adopted as soon as possible and that it will contain provisions 
guaranteeing  the  protection  provided  for  by  the  Convention  in  respect  of  children  working  in 
agricultural and stock-raising undertakings that do not permanently employ more than ten workers. It 
requests the Government to provide information in this respect. Furthermore, the Committee asks the 
Government to envisage the possibility of adapting and strengthening the labour inspection services 
so as to ensure the application of this protection.  

Considering that compulsory education is one of the most effective means of combating child labour, 
the Committee firmly requests the Government to redouble its efforts to improve the operation of the 
education system in the country and to take measures to enable children to attend compulsory basic 
education  or  to  be  integrated  into  an  informal  school  system.  In  this  respect,  it  requests  the 
Government to provide information on the measures adopted to increase the school attendance rate, 
at both primary and secondary school, with a view to preventing children under 14 years of age from 
being  engaged  in  work.  The  Committee  requests  the  Government  to  provide  information  on  the 
results achieved. Finally, the Committee once again requests the Government to provide a copy of the 
General Education Act once it has been adopted. 

In view of the fact that, according to the statistics contained in the national report on child labour in 
the Honduras of 2002, a large number of children still work in hazardous activities, the Committee 
once  again  requests  the  Government  to  take  the  necessary  measures  to  ensure  that,  where  a  young 
person of 16 years of age is permitted to perform hazardous types of work, the conditions set forth in 
this provision of the Convention are observed. It requests the Government to provide information in 

EN 

119 

EN 

 
  
 
-  Prohibition 
182 
Immediate 
and 
Action 
the 
for 
Elimination  of  the 
Worst  Forms 
of 
Child Labour 

1. CEACR 

2. 2009 

3.www.ilo.org/wcmsp5/groups/p
ublic/---.../wcms_103484.pdf 

this  respect  and  to  indicate  the  number  of  work  permits  granted  by  the  Department  of  Labour  and 
Social Security to young persons between the ages of 16 and 18 years. 

The Committee requests the Government to ensure, in practice, the protection of children under 18 
years  of  age  against  this  worst  form  of  child  labour.  In  this  regard,  it  once  again  requests  the 
Government  to  provide  information  on  the  application  of  the  new  provisions  of  the  Penal  Code  in 
practice.  Furthermore,  taking  into  account  the  information  that  individuals  have  been  prosecuted 
under these new provisions, the Committee requests the Government to provide the court decisions 
handed down in accordance with these provisions in its next report. 

Considering that education contributes to preventing the engagement of children in the worst forms 
of child labour, the Committee urges the Government to step up efforts to improve the operation of 
the education system in the country. In this regard, it requests the Government to provide information 
on the time-bound measures taken during the implementation of the 2008 National Plan of Action to 
increase  the  rate  of  school  attendance,  both  at  the  primary  and  secondary  levels.  The  Committee 
requests the Government to provide information on the results achieved. 

The Committee strongly encourages the Government to continue its efforts and requests it to provide 
information on the time-bound measures taken in the context of the implementation of the ILO–IPEC 
sub-regional project on the commercial sexual exploitation of children and the 2006 National Plan of 
Action.  The  Committee  also  requests  the  Government  to  provide  information  on  the  system  of 
assistance for victims of commercial sexual exploitation, in particular concerning the measures taken 
in the context of this system to ensure the rehabilitation and social integration of victims of this worst 
form of child labour. 

The  Committee  requests  the  Government  once  again  to  provide  information  on  the  time-bound 
measures  taken,  in  the  context  of  the  implementation  of  the  National  Plan  of  Action  for  the  social 
integration of dependent children and women in the streets, to protect street children from the worst 
forms of child labour. Furthermore, the Committee requests the Government to provide information 
on the measures taken to ensure the rehabilitation and social integration of children who are actually 
removed from the streets. 

Noting that indigenous children are often victims of exploitation, which may take on very different 
forms, and are at risk of being engaged in the worst forms of child labour, the Committee requests the 
Government  to  continue  its  efforts  to  protect  these  children,  in  particular  by  adopting  measures  to 
make them less vulnerable. It requests the Government to provide information in this regard. 

EN 

120 

EN 

 
  
 
The Committee requests the Government to take effective and time-bound measures, particularly in 
the  context  of  the  implementation  of  the  2008  National  Plan  of  Action,  to  protect  child  domestic 
workers against the worst forms of child labour. It requests the Government to provide information 
on the measures taken in this regard.  

The Committee expresses the hope once again that, in the context of the implementation of the ILO–
IPEC  sub-regional  project  on  the  commercial  sexual  exploitation  of  children,  the  Government  will 
take  measures  to  cooperate  with  the  participating  countries  and  therefore  strengthen  security 
measures,  particularly  on  the  common  borders  with  El  Salvador,  Guatemala  and  Nicaragua,  with  a 
view  to  bringing  an  end  to  this  worst  form  of  child  labour.  It  requests  the  Government  to  provide 
information on this subject in its next report. 

1. Monitoring Body 

Latest recommendations by the monitoring body. 

2. Date of latest Report 

3. Web link 

UN 
CONVENTIONS 
ON 
CORE 
HUMAN RIGHTS: 

Convention  on  the 
Prevention 
and 
Punishment  of  the 
Crime of Genocide 

International 
Convention  on  the 
Elimination  of  All 
Forms  of  Racial 
Discrimination 

International 
Covenant  on  Civil 
and Political Rights 

International 
Covenant 

on 

EN 

121 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
Social 
Economic, 
and Cultural Rights 

International 
Convention  on  the 
Suppression 
and 
Punishment  of  the 
Crime of Apartheid 

Convention  on  the 
Elimination  of  All 
Forms 
of 
Discrimination 
against Women 

Convention  against 
Torture  and  Other 
Cruel,  Inhuman  or 
Degrading 
Treatment 
Punishment 

or 

1. CAT 

2. 23 June 2009 

The  Committee  welcomed  the  fact  that  the  death  penalty  is  not  in  use  in  the  State  party  and  notes 
with  satisfaction  the  ongoing  efforts  of  the  State  party  to  reform  its  legislation,  policies  and 
procedures in order to ensure better protection of human rights.  

3. http://daccess-dds-
ny.un.org/doc/UNDOC/GEN/G0
9/433/37/PDF/G0943337.pdf?Op
enElement 

The  Committee  encouraged  the  State  party  to  continue  its  commitment  to  revise  the  definition  of 
torture  contained  in  the  Honduran  Criminal  Code,  to  ensure  that  all  detainees  are  immediately 
informed of the reason for arrest and gets the access to a lawyer, to ensure progress in the search of 
the  missing  persons,  to  establish  a  programme  of  reparation  and  compensation  for  the  victims,  to 
prevent  new  instances  of  involuntary  disappearance,  to  ensure  that  offenders  are  prosecuted  and 
punished for the crime of trafficking in persons, to continue to conduct awareness-raising campaigns, 
provide adequate programmes of assistance, recovery and reintegration for victims of trafficking, to 
ensure  that  law  enforcement  officials  only  use  force  when  strictly  necessary,  to  implement 
alternatives  to  deprivation  of  liberty,  including  probation,  mediation,  community  service  or 
suspended  sentences,  to  investigate  promptly,  thoroughly  and  impartially  all  incidents  of  death  in 
custody,  to  enhance  health  services  in  places  of  detention,  to  monitor  and  document  “unlawful 
associations” to reveal root causes and design appropriate prevention strategies, to prevent, combat 
and  punish  perpetrators  of  violence  against  women  and  children,  including  sexual  abuse,  domestic 
violence  and  femicide,  and  conduct  widespread  awareness-raising  campaigns  and  training  on 
violence against women and girls for officials. 

EN 

122 

EN 

 
  
 
 
 
 
 
Convention  on  the 
Rights of the Child 

CONVENTIONS 
ON 
ENVIRONMENT 
AND 
GOVERNANCE 
PRINCIPLES : 

Montreal  Protocol 
on  Substances  that 
Deplete  the  Ozone 
Layer 

Basel  Convention 
on  the  Control  of 
Transboundary 
Movements 
of 
Hazardous  Wastes 
and Their Disposal 

Stockholm 
Convention 
on 
Persistent  Organic 
Pollutants 

1. Monitoring Body 

Latest recommendations by the monitoring body. 

2. Date of latest Report 

3. Web link 

1.Implementation Committee 

In 2010, no new non-compliance issues reported by the Implementation Committee 

2. 13 July 2010 

Previous issues have been resolved.  

3. http://ozone.unep.org/ 

http://www.unep.ch/Ozone/Meeting_Documents/impcom/IMPCOM-44-5E.pdf 

1. Compliance Committee 

Partial reporting until 2006. The latest reports (2006, 2007) have been submitted.  

2. N/A 

Information on the status of national reporting in 2008 not yet published on the Basel website. 

3.http://www.basel.int/legalmatte
rs/compcommitee/index.html 

1. No compliance committee 
established yet. Compliance 
assessed through the following: 

- national implementation plan 
required by Art.7 

http://chm.pops.int/Countries/Nat
ionalImplementation/tabid/253/la

National report not submitted.  

The  second  reporting  cycle  has  just  been  initiated.  The  reports  received  from  the  Parties  will  be 
published  once  the  submissions  are  completed.  According  to  decision  SC-4/30,  the  deadline  for 
report submissions is 31 October 2010. 

National implementation plan has been submitted on 13.1.2010. 

Outstanding contributions to the budget. 

EN 

123 

EN 

 
  
 
 
 
nguage/en-US/Default.aspx 

- national report required by Art. 
15 
http://chm.pops.int/Countries/Nat
ionalReports/FirstRoundofParty
Reports/tabid/254/language/en-
US/Default.aspx 

- contributions to the convention 
budget 
http://chm.pops.int/Countries/Co
ntributions/tabid/374/language/e
n-US/Default.aspx 

1. Standing Committee 

2. 11 March 2010 

Honduras has yet to comply fully with Article VIII, paragraph 7 of CITES which requires each Party 
to submit a biennial report on legislative, regulatory and administrative measures taken to enforce the 
Convention (deadline for the submission being the 31st of October of the year following the year for 
which the report was due) (2003-2004 received).  

3.http://www.cites.org/common/c
om/SC/59/E59-11A.pdf 

Annual reports submitted until 2010. 

- 
CITES 
on 
Convention 
International  Trade 
Endangered 
in 
Species 
of  Wild 
Fauna and Flora 

Convention 
on 
Biological Diversity 

1. Compliance assessed through 
the following: 

Some unpaid mandatory contributions to the core budget of the CBD. 

2nd, 3rd and 4th national reports submitted. 

- National Biodiversity Strategy 
and Action plan required by Art. 
6 

http://www.cbd.int/nbsap/ 

- national report required by Art. 
26 

EN 

124 

EN 

 
  
 
http://www.cbd.int/countries/ 

to 

level  of  payments: 

Link 
http://www.cbd.int/convention/p
arties/contributions.shtml?tab=2 

Cartagena  Protocol 
on Biosafety 

1. Compliance Committee 

No reports submitted yet. 

2. 23 September 2010 

Some outstanding contributions. 

3.http://www.cbd.int/doc/meetin
gs/bs/bscc-07/official/bscc-07-
03-en.pdf 

Kyoto  Protocol  to 
the  United  Nations 
Framework 
Convention 
Climate Change 

on 

1. Compliance Committee 

No non-compliance proceedings were started against Honduras. 

2. 8 October 2010  

3.http://unfccc.int/resource/docs/
2010/cmp6/eng/06.pdf 

United 
Nations 
Single  Convention 
on Narcotic Drugs 

1.INCB 

2. 24 February 2010 

Convention 
Psychotropic 
Substances 

on 

3.http://www.incb.org/incb/en/an
nual-report-2009.html 

A ministerial meeting was held in Managua in June 2009 under the auspices of the Central American 
Integration  System  (SICA)  and  UNODC.  Ministers  from  Belize,  the  Dominican  Republic,  El 
Salvador, Guatemala, Honduras, Mexico, Nicaragua and Panama declared their strong commitment 
to  the  fight  against  drug  trafficking,  organized  crime  and  terrorism  and  the  financing  of  such 
crime…The  Board  hopes  that  the  political  declaration  will  translate  into  effective  regional 
cooperation in combating organized crime and drug trafficking. 

Illicit  Traffic 
in 
Narcotic  Drugs  and 
Psychotropic 
Substances 

EN 

125 

EN 

 
  
 
Honduras did not provide a self-assessment report on its implementation of the Convention. 

Nations 
United 
Convention  against 
Corruption 

1.United  Nation  secretariat  – 
Report  on  Compliance  with  the 
United  Nations  Convention 
against Corruption 

2.  9  September  2009  (general 
distribution) 

3.http://www.unodc.org/docume
nts/treaties/UNCAC/COSP/sessi
on3/V0986236e.pdf 

EN 

126 

EN 

 
  
 
 
 
10. 

SRI LANKA (LK) 

CONVENTION 

REPORTING STATUS 

RECOMMENDATIONS 

ILO 
CONVENTIONS 
ON 
CORE 
LABOUR RIGHTS:

-  Freedom  of 
and 
the 

87 
Association 
Protection  of 
Right to Organise 

1. the Monitoring Body 

Latest recommendations by the monitoring body. 

2. Date of latest Report 

3. Web link 

1. CEACR 

2. 2009 

The  Committee  requests  the  Government  to  provide  its  observations  on  the  ITUC’s  comments 
concerning  arrest  of  strikers  in  the  education  sector  and  indications  that  several  trade  unionists  were 
abducted and interrogated by the Government on suspicion of collaborating with insurgent groups. 

3.http://www.ilo.org/ilc/ILCSessi
ons/98thSession/Reportssubmitte
dtotheConference/lang--
en/docName--
WCMS_103484/index.htm 

The  Committee  recalls  that  in  its  previous  comments,  it  had  noted  the  discrepancy  between  the 
minimum age for admission to employment and the minimum age for trade union membership and had 
pointed out that the minimum age for trade union membership should be the same as the minimum age 
for  admission  to  employment.  The  Committee  notes  the  Government’s  statement  that  a  proposal 
initiated by the ILO–IPEC Sri Lanka programme to increase the minimum age for employment to 16 
years  –  the  same  minimum  age  as  for  trade  union  membership  –  is  being  pursued.  The  Committee 
requests the Government to indicate any developments in this regard. 

The Committee expresses the hope that the amendments to the Trade Unions Ordinance to ensure that 
organizations  of  Government  staff  officers  may  join  confederations  of  their  own  choosing,  including 
organizations  of  workers  in  the  private  sector,  and  that  first-level  organizations  of  public  employees 
may  cover  more  than  one  ministry  or  department  in  the  public  service,  will  be  adopted  in  the  near 
future and requests the Government to indicate the progress made in this respect. 

Recalling  that  the  prohibition  of  the  right  to  strike  in  the  public  service  should  be  limited  to  public 
servants  exercising  authority  in  the  name  of  the  State,  the  Committee  trusts  that  the  public  service 
dispute settlement mechanism referred to by the Government will be developed in conformity with this 
principle.  It  requests  the  Government  to  indicate  the  progress  made  in  this  respect,  and  to  transmit  a 
copy of the draft mechanism document once an English version is available.  

EN 

127 

EN 

 
  
 
98  -  Application  of 
the Principles of the 
Right  to  Organise 
and 
to  Bargain 
Collectively 

1. CEACR 

2. 2009 

3.http://www.ilo.org/ilc/ILCSessi
ons/98thSession/Reportssubmitte
dtotheConference/lang--
en/docName--
WCMS_103484/index.htm 

The Committee once again requests the Government to amend sections 4(1) and 4(2) of the Industrial 
Disputes Act, so as to ensure that any reference of labour disputes to compulsory arbitration may only 
occur: (1) at the request of both parties to the dispute; (2) in the case of essential services in the strict 
sense of the term; and (3) in the case of public servants exercising authority in the name of the State. 
The Committee requests the Government to indicate all developments in this regard. 

Noting that the ITUC reiterates that the existing penalties [for contravention to the provisions on anti-
union discrimination provided under the Industrial Disputes (Amendment) Act of 1999] are too low to 
provide sufficient deterrence, and that the Lanka Jathika Estate Workers’ Union (LJEWU) alleges the 
same, the Committee requests the Government to ensure that the views of the social partners are fully 
taken into consideration in the process of updating penalties under the existing labour laws. It requests 
the Government to indicate the progress made in this regard. 

With  regard  to  adequate  protection  against  the  anti-  union  discrimination,  the  Committee  once  again 
requests the Government: (1) to take measures, in consultation with the social partners, to guarantee a 
more  expeditious  and  adequate  procedure  which,  in  particular,  establishes  short  time  periods  for  the 
examination  of  cases  by  the  authorities;  and  (2)  to  indicate  whether  trade  unions  had  the  capacity  to 
bring anti-union discrimination claims directly before the courts. 

The  Committee  requests  the  Government  to  provide  information  on  the  progress  achieved  by  the 
measures taken by the Social Dialogue and Workplace Cooperation Unit and those taken in furtherance 
of the National Policy for Decent Work to promote collective bargaining, including information on the 
number of collective agreements concluded. 

Recalling that Article 2 of the Convention establishes the total independence of workers’ organizations 
from  employers  in  organizing  their  activities,  the  Committee  requests  the  Government  to  provide  its 
observations  with  respect  to  the  ITUC’s  comments  concerning  this  matter.  It  further  requests  the 
Government  to  indicate  the  developments  concerning  the  promotion  of  collective  bargaining  in  the 
export  processing  zone  sector,  including  the  number  of  collective  agreements  concluded  by  trade 
unions. 

Noting  the  ITUC’s  comment  that  the  recognition  of  unions  for  collective  bargaining  purposes  is 
hampered by excessive delays, and that employers tend to delay the holding of union certification polls 
to identify, victimize and on occasion dismiss the union activists concerned, the Committee once again 

EN 

128 

EN 

 
  
 
requests  the  Government  to  indicate  the  measures  taken  to  ensure  that  recognition  provisions  are 
effectively implemented in practice and to indicate any developments in this regard. 

The  Committee,  once  again  recalling  that  if  no  union  covers  more  than  40  per  cent  of  the  workers, 
collective bargaining rights should be granted to all  the unions in the unit, at least on behalf of their 
own members, requests the Government to take the necessary measures to give effect to this principle 
and to indicate the progress made in this regard. 

The  Committee  requests  the  Government  to  take  the  necessary  measures  to  ensure  the  right  of 
collective bargaining for public service workers, in accordance with this principle, and to indicate any 
developments in this regard. 

-  Forced  or 
29 
Compulsory Labour

- 

Equal 
100 
of 
Remuneration 
Men  and  Women 
Workers  for  Work 
of Equal Value 

1. CEACR 

2. 2009 

In  order  to  ensure  that  the  principle  of  the  Convention  is  effectively  understood  and  applied,  the 
Committee asks the Government to work towards the adoption of legislation on equal remuneration for 
men and women for work of equal value, and to report on the progress made in this regard. 

3.http://www.ilo.org/ilc/ILCSessi
ons/98thSession/Reportssubmitte
dtotheConference/lang--
en/docName--
WCMS_103484/index.htm 

The  Committee  asks  the  Government  to  take  measures  to  ensure  that  in  practice  all  emoluments  – 
whether  in  cash  or  in  kind  –  and,  in  particular,  those  not  mentioned  explicitly  in  the  Wages  Boards 
Ordinance  and  the  Shop  and  Office  Employees  (Regulation  of  Employment  and  Remuneration)  Act, 
are granted or paid without discrimination based on the sex of the worker. 

The  Committee  asks  the  Government  to  report  on  the  progress  made  regarding  the  following:  (i) 
compiling and analyzing statistics on the current wage rates for men and women in the different sectors 
and trades of the economy, and in particular the tobacco and cinnamon trades as a whole, to enable it to 
gain  more  detailed  knowledge  of  the  nature  and  scope  of  the  remaining  wage  inequalities  and  the 
progress made with respect to their elimination; (ii) the measures taken or envisaged to ensure that the 
wages boards, in determining minimum wages rates, are not undervaluing work performed by women 
in comparison to that of men who are performing different work and using different skills, and that the 
procedures  adopted  are  free  from  gender  bias;  (iii)  developing  the  new  wage  policy,  in  particular  in 
setting  a  national  minimum  wage,  the  simplification  of  the  procedures  for  determining  wages  and 
reducing the number of wages boards. The Committee trusts that during this process, it will be ensured 
that the principle of equal remuneration for men and women for work of equal value will be taken into 

EN 

129 

EN 

 
  
 
 
 
105  -  Abolition  of 
Forced Labour 

111 - Discrimination 
in 
of 
Respect 
and 
Employment 
Occupation 

1. CEACR 

2. 2009 

3.http://www.ilo.org/ilc/ILCSessi
ons/98thSession/Reportssubmitte
dtotheConference/lang--
en/docName--
WCMS_103484/index.htm 

account. 

Committee  urges  the  Government,  in  cooperation  with  workers’  and  employers’  organizations,  to 
promote, develop and implement practical approaches and methods for the objective evaluation of jobs 
with a view to applying effectively the principle of equal remuneration for men and women for work of 
equal value in the public and private sectors. 

 The  Committee  urges  the  Government  to  make  every  effort  to  introduce  in  the  national  legislation 
provisions ensuring that all men and women, citizens and non-citizens, are effectively protected from 
discrimination  in  all  aspects  of  employment  and  occupation  on  all  the  grounds  covered  by  the 
Convention.  Awaiting  further  steps  being  taken  to  adopt  any  such  legislation,  please  provide 
information  on  the  concrete  measures  taken  to  protect,  in  practice,  citizens  and  non-citizens  against 
discrimination  on  the  basis  of  race,  colour,  national  extraction,  religion,  political  opinion  and  social 
origin. Please also provide information on the number and nature of employment discrimination cases 
that have been handled by the Supreme Court pursuant to articles 12(1) and 17 of the Constitution, as 
well  as  how  persons  can  obtain  redress  with  respect  to  discrimination  by  private  employers  on  the 
grounds enumerated in Article1(1)(a) of the Convention. 

In order to be able to assess more fully the progress being made in the application of the Convention, 
the Committee asks the Government to provide the following information: (i) information (e.g. surveys, 
studies, as well as statistics disaggregated by sex) demonstrating the impact of the measures taken to 
promote women’s upward mobility and access to a wider range of jobs and occupations; (ii) the 
measures taken, and their impact to improve the working conditions in the export processing zones as 
well as to address the employment situation of women in the informal economy; (iii) the steps taken to 
include provisions prohibiting and preventing sexual harassment in national labour law; (iv) any other 
measures taken to effectively address discrimination against women and promote their equality of 
treatment and opportunities in employment and occupation. 

The  Committee  also  reiterates  its  request  for  information  on  the  results  of  the  legislative  research 
commissioned  by  the  National  Committee  on  Women  with  respect  to  the  laws  identified  as  being 
detrimental to women in the area of employment and occupation. 

EN 

130 

EN 

 
  
 
 
 
138 - Minimum Age 
for  Admission 
to 
Employment 

-  Prohibition 
182 
Immediate 
and 
Action 
the 
for 
Elimination  of  the 
of 
Worst  Forms 
Child Labour 

UN 
CONVENTIONS 
ON 
CORE 
HUMAN RIGHTS: 

Convention  on  the 
Prevention 
and 
Punishment  of  the 
Crime of Genocide 

1. CEACR 

2. 2010 

Noting the absence of information in the Government’s report, the Committee once again requests the 
Government to provide information on the investigations conducted with regard to cases of commercial 
sexual exploitation of children and penalties applied to offenders.  

3.http://www.ilo.org/wcmsp5/gro
ups/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_123424.pdf 

The Committee requests the Government to provide information on the implementation of the National 
Plan of Action to combat trafficking in children and on the results achieved in terms of the number of 
children withdrawn from trafficking and rehabilitated.  

The Committee requests the Government to provide information on the impact of the National Action 
Plan to Combat Child Sex Tourism in terms of the elimination of the commercial sexual exploitation of 
children  in  tourism.  It  also  requests  the  Government  to  indicate  the  number  of  children  prevented  or 
withdrawn  from  commercial  sexual  exploitation  and  rehabilitated  pursuant  to  this  National  Action 
Plan.  

The  Committee  requests  the  Government  to  continue  its  efforts  to  rehabilitate  and  reintegrate  former 
child combatants. It also requests the Government to continue providing information on the number of 
former child combatants who have been rehabilitated in the Protective Child Accommodation Centres 
and in other rehabilitation centres in the Northern and Eastern provinces.  

1. the Monitoring Body 

Latest recommendations by the monitoring body. 

2. Date of latest Report 

3. Web link 

EN 

131 

EN 

 
  
 
 
 
 
 
International 
Convention  on  the 
Elimination  of  All 
Forms  of  Racial 
Discrimination 

International 
Covenant  on  Civil 
and Political Rights 

International 
Covenant 
on 
Social 
Economic, 
and Cultural Rights 

International 
Convention  on  the 
Suppression 
and 
Punishment  of  the 
Crime of Apartheid 

Convention  on  the 
Elimination  of  All 
Forms 
of 
Discrimination 
against Women 

Convention  against 
Torture  and  Other 
Cruel,  Inhuman  or 
Degrading 
Treatment 
Punishment 

or 

EN 

132 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Convention  on  the 
Rights of the Child 

1. CRC 

2. 19 October 2010 

The Committee welcomed the ratification by the State party of the Optional Protocol to the Convention 
on the Rights of the Child on the sale of children, child prostitution and child pornography and noted 
with appreciation the positive developments related to the implementation of the Convention. 

3. http://daccess-dds-
ny.un.org/doc/UNDOC/GEN/G1
0/458/08/PDF/G1045808.pdf?Op
enElement 

The  Committee  recommended  the  State  party  to  take  the  necessary  measures  to  ensure  the 
independence  of  the  National  Human  Rights  Commission  and  utilize  a  child  rights’  approach  in  the 
elaboration of the State budget. The State Party was also urged to implement measures ensuring that 
the principle of the best interests of the child is applied consistently in all its legislative, administrative 
and  judicial  proceedings,  as  well  as  in  policies  and  programmes  relating  to  children,  to  take  the 
necessary  measures  to  fight  the  deprivations  of  malnutrition  and  poverty  which  impact  on  the  life, 
survival and full development of children, to integrate, in an appropriate manner, the general principles 
of the Convention in all relevant legislation concerning children, to ensure that children from the most 
disadvantaged groups are properly registered at birth, to prohibit unequivocally by law and without any 
further  delay  corporal  punishment  in  the  family,  schools  and  alternative  care  institutions  and  ensure 
that  these  laws  are  effectively  implemented,  to  prioritize  elimination  of  all  forms  of  violence  against 
children,  to  implement  mechanisms  to  expand  and  stimulate  the  reintegration  of  children  into  their 
families,  to  consider  formulating  a  comprehensive  national  strategy  to  prevent,  combat  and  punish 
domestic  violence  and  other  forms  of  child  abuse  and  neglect,  to  ensure  that  all  children  with 
disabilities,  in  particular  girls,  have  access  to  education,  to  ensure  that  poverty  alleviation  and  social 
protection programmes are adequately targeted to the poorest families, to take more active measures to 
prevent  children  from  being  economically  exploited,  to  review  all  the  penal  laws  that  relate  to  the 
different  forms  of  child  sexual  exploitation  and  abuse  and  to  strengthen  its  efforts  to  implement  the 
national plan of action to combat child sex tourism. 

CONVENTIONS 
ON 
ENVIRONMENT 
AND 
GOVERNANCE 
PRINCIPLES : 

Montreal  Protocol 
on  Substances  that 
Deplete  the  Ozone 

1. the Monitoring Body 

Latest recommendations by the monitoring body. 

2. Date of latest Report 

3. Web link 

1.Implementation Committee 

In 2010, no new non-compliance issues reported by the Implementation Committee. 

2. 13 July 2010 

http://www.unep.ch/Ozone/Meeting_Documents/impcom/IMPCOM-44-5E.pdf 

EN 

133 

EN 

 
  
 
 
 
Layer 

3. http://ozone.unep.org/  

Basel  Convention 
on  the  Control  of 
Transboundary 
Movements 
of 
Hazardous  Wastes 
and Their Disposal 

Stockholm 
Convention 
on 
Persistent  Organic 
Pollutants 

1. Compliance Committee 

All reports have been submitted.  

2. N/A 

No non-compliance proceedings were started against Sri Lanka. 

Both national report and national implementation plan have been submitted. 

Some unpaid contributions to the budget. 

3.http://www.basel.int/legalmatte
rs/compcommitee/index.html 

1. No compliance committee 
established yet. Compliance 
assessed through the following: 

- national implementation plan 
required by Art.7 

http://chm.pops.int/Countries/Nat
ionalImplementation/tabid/253/la
nguage/en-US/Default.aspx 

- national report required by Art. 
15 
http://chm.pops.int/Countries/Nat
ionalReports/FirstRoundofParty
Reports/tabid/254/language/en-
US/Default.aspx 

- contributions to the convention 
budget 
http://chm.pops.int/Countries/Co
ntributions/tabid/374/language/e
n-US/Default.aspx 

EN 

134 

EN 

 
  
 
- 
CITES 
Convention 
on 
International  Trade 
Endangered 
in 
of  Wild 
Species 
Fauna and Flora 

1. Standing Committee 

2. 11 March 2010 

Implementing legislation is under review by the CITES Secretariat and is not yet believed to fully meet 
the requirements for the implementation of CITES (Parties with legislation in Category 3, concerned by 
Decision 14.25, http://www.cites.org/common/com/SC/59/E59-11A.pdf).  

3.http://www.cites.org/common/c
om/SC/59/E59-11A.pdf 

Sri  Lanka  has  yet  to  comply  with  Article  VIII,  paragraph  7  of  CITES  which  requires  each  Party  to 
submit  a  biennial  report  on  legislative,  regulatory  and  administrative  measures  taken  to  enforce  the 
Convention (deadline for the submission being the 31st of October of the year following the year for 
which  the  report  was  due)  (no  report  received)  as  well  as  to  submit  the  annual  reports  on  its  CITES 
trade,  containing  a  summary  of  information  on,  inter  alia,  the  number  and  type  of  permits  and 
certificates granted ( received until 2009, except 2008). 

Convention 
on 
Biological Diversity 

1. Compliance assessed through 
the following: 

There are substantial unpaid contributions to the CBD core budget. 

All national reports submitted. 

- National Biodiversity Strategy 
and Action plan required by Art. 
6 

http://www.cbd.int/nbsap/ 

- national report required by Art. 
26 

http://www.cbd.int/countries/ 

to 

level  of  payments: 

Link 
http://www.cbd.int/convention/p
arties/contributions.shtml?tab=2 

Cartagena  Protocol 
on Biosafety 

1. Compliance Committee 

First  Regular  National  Report  (2007)  is  submitted,  but  the  Interim  National  Report  (2005)  was  not 
submitted.  

2. 23 September 2010 

3.http://www.cbd.int/doc/meetin

Some outstanding contributions. 

EN 

135 

EN 

 
  
gs/bs/bscc-07/official/bscc-07-
03-en.pdf 

1. Compliance Committee 

No non-compliance proceedings were started against Sri Lanka. 

2. 8 October 2010  

3.http://unfccc.int/resource/docs/
2010/cmp6/eng/06.pdf 

1.INCB 

No specific recommendations. 

2. 24 February 2010 

Kyoto  Protocol  to 
the  United  Nations 
Framework 
Convention 
Climate Change 

on 

United 
Nations 
Single  Convention 
on Narcotic Drugs 

Convention 
Psychotropic 
Substances 

on 

3.http://www.incb.org/incb/en/an
nual-report-2009.html 

Illicit  Traffic 
in 
Narcotic  Drugs  and 
Psychotropic 
Substances 

United 
Nations 
Convention  against 
Corruption 

1.United  Nation  secretariat  – 
Report  on  Compliance  with  the 
United  Nations  Convention 
against Corruption 

2.  9  September  2009  (general 
distribution) 

3.http://www.unodc.org/docume
nts/treaties/UNCAC/COSP/sessi
on3/V0986236e.pdf 

Sri Lanka did not provide a self-assessment report on its implementation of the Convention. 

EN 

136 

EN 

 
  
 
 
 
11. 

MONGOLIA (MN) 

CONVENTION 

REPORTING STATUS 

RECOMMENDATIONS 

1. the Monitoring Body 

Latest recommendations by the monitoring body. 

2. Date of latest Report 

3. Web link 

ILO 
CONVENTIONS 
ON 
CORE 
LABOUR RIGHTS:

-  Freedom  of 
and 
the 

87 
Association 
Protection  of 
Right to Organise 

98  -  Application  of 
the Principles of the 
Right  to  Organise 
and 
to  Bargain 
Collectively 

29 
-  Forced  or 
Compulsory Labour

1. CEACR 

2. 2009 

The first report on the application of Convention 29 has been provided. 

3.http://www.ilo.org/ilc/ILCSessi
ons/98thSession/Reportssubmitte
dtotheConference/lang--
en/docName--
WCMS_103484/index.htm 

- 

100 
Equal 
of 
Remuneration 
Men  and  Women 

EN 

137 

EN 

 
  
 
 
 
  
 
 
Workers  for  Work 
of Equal Value 

105  -  Abolition  of 
Forced Labour 

111 - Discrimination 
in 
of 
Respect 
and 
Employment 
Occupation 

138 - Minimum Age 
to 
for  Admission 
Employment 

1. CEACR 

2. 2010 

The Committee requests the Government to supply a copy of the recently amended Labour Code. The 
Committee also requests the Government to continue providing information on the NPA 2002–10, or 
any other such programmes, aimed at ensuring the effective abolition of child labour.  

3.http://www.ilo.org/wcmsp5/gro
ups/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_123424.pdf 

The  Committee  requests  the  Government  to  take  the  necessary  measures  to  ensure  that,  within  the 
review of the Labour Code and the state policy on informal employment, protection is given to children 
carrying  out  work  on  their  own  account  or  in  the  informal  economy.  The  Committee  requests  the 
Government to continue to provide information on developments in this regard.  

The Committee requests the Government to indicate the legislative provisions contained in the Law on 
Primary and Secondary Education, in the Law on Education or in any other legislation, fixing the actual 
age of completion of compulsory education and to supply a copy of the same. Noting that the minimum 
age  for  admission  to  employment  appears  to  be  less  than  the  age  of  completion  of  compulsory 
schooling,  the  Committee  requests  the  Government  to  take  the  necessary  measures  to  raise  the 
minimum  age  for  admission  to  employment  in  order  to  link  it  with  the  age  of  completion  of 
compulsory schooling in conformity with Article 2(3), of the Convention.  

The  Committee  requests  the  Government  to  continue  providing  information  on  the  impact  of  the 
Circular, and any other measures taken, on providing educational services to both working and drop-
out children as well as in increasing school attendance rates, in particular in the remote areas. It also 
requests the Government to continue providing statistical information on school attendance and school 
drop-out rates, in particular in rural schools.  

Noting the absence of information in this regard, the Committee once again requests the Government to 

EN 

138 

EN 

 
  
 
 
 
 
 
indicate the measures taken or envisaged in respect of provisions to determine light work activities and 
the conditions in which such employment or work could be undertaken by young persons of 13 years or 
more.  

The Committee requests the Government to provide a copy of the list of plays and performances which 
may adversely affect a child's health which shall be developed and approved by Governmental officials 
responsible for health issues, once approved.  

The  Committee  encourages  the  Government  to  continue  updating  the  legislation  concerning  the 
penalties imposed upon employers, parents and other representatives in connection with employment in 
hazardous work, and requests it to provide information on any developments thereof. The Committee 
also  requests  the  Government  to  take  the  necessary  measures  to  ensure  that  a  person  found  to  be  in 
breach  of  the  provisions  giving  effect  to  the  Convention,  in  particular  those  in  respect  of  hazardous 
work,  is  prosecuted  and  that  adequate  penalties  are  imposed.  It  asks  the  Government  to  provide 
information  on  the  types  of  violations  detected,  the  number  of  persons  prosecuted  and  the  penalties 
imposed.  

Noting the absence of information in the Government’s report, the Committee once again requests the 
Government  to  indicate  in  which  manner  it  ensures  that  employers  shall  keep  and  make  available 
registers,  which  contain  the  names  and  ages  or  dates  of  birth,  duly  certified  whenever  possible,  of 
persons under the age of 18 years employed or working for them.  

While  noting  the  efforts  made  by  the  Government  to  combat  child  labour,  the  Committee  expresses 
serious concern at the large number of children working under the age of 15, as well as the significant 
number  of  children  engaged  in  hazardous  occupations,  and  therefore  strongly  encourages  the 
Government  to  redouble  its  efforts  to  improve  the  situation,  including  through  the  allocation  of 
additional  resources  for  the  implementation  of  measures  aimed  at  combating  child  labour.  The 
Committee  also  requests  the  Government  to  continue  providing  information  on  the  situation  of  child 
labour  in  Mongolia  and,  in  particular,  to  supply  copies  or  extracts  from  official  documents  of 
inspection  services.  The  Committee  also  asks  the  Government  to  provide  information  on  the  number 
and nature of the contraventions reported and penalties imposed.  

182 
and 
Action 

-  Prohibition 
Immediate 
the 
for 

EN 

1. CEACR 

The report on the application of the Convention has been submitted. 

139 

EN 

 
  
2. 2010 

3.http://www.ilo.org/ilc/ILCSessi
ons/98thSession/Reportssubmitte
dtotheConference/lang--
en/docName--
WCMS_123424/index.htm 

1. the Monitoring Body 

Latest recommendations by the monitoring body. 

2. Date of latest Report 

3. Web link 

Elimination  of  the 
Worst  Forms 
of 
Child Labour 

UN 
CONVENTIONS 
ON 
CORE 
HUMAN RIGHTS: 

Convention  on  the 
Prevention 
and 
Punishment  of  the 
Crime of Genocide 

International 
Convention  on  the 
Elimination  of  All 
Forms  of  Racial 
Discrimination 

International 
Covenant  on  Civil 
and Political Rights 

International 
on 
Covenant 
Economic, 
Social 
and Cultural Rights 

EN 

140 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
  
1. CEDAW 

2. 7 November 2008 

The Committee welcomed the adoption of legal, administrative and other measures by the State party 
to  eliminate  discrimination  against  women.  The  Committee  encouraged  the  speedy  adoption  of  the 
draft law on gender equality, including a definition of direct and indirect discrimination.  

3. http://daccess-dds-
ny.un.org/doc/UNDOC/GEN/N0
8/602/98/PDF/N0860298.pdf?Op
enElement 

The Committee urged the State party to review all existing laws to assess their compatibility with the 
Convention, to put in place an institutional mechanism that recognizes the specificity of discrimination 
against women, to establish gender focal points in different ministries, to strengthen awareness-raising 
measures  to  promote  and  implement  the  equal  sharing  of  domestic  and  family  responsibilities, 
including the idea of joint parental responsibility between women and men, to ensure that all women 
who  are  victims  of  domestic  violence,  including  rural  women,  have  access  to  immediate  means  of 
redress and protection in all parts of the country, to ensure the full implementation of the National Plan 
of Action on Commercial Sexual Exploitation and Trafficking of Children and Women, to accelerate 
the  representation  of  women,  to  re-establish  legal  quotas  for  women  for  future  elections  to  the 
Parliament, to legally guarantee equal pay for equal work, to integrate a gender perspective in all health 
sector  reforms  and  adequately  address  women’s  sexual  and  reproductive  health  needs,  to  pay  special 
attention to the needs of rural women by implementing an integrated rural development policy and to 
address the specific vulnerability of women in poverty. 

International 
Convention  on  the 
Suppression 
and 
Punishment  of  the 
Crime of Apartheid 

Convention  on  the 
Elimination  of  All 
of 
Forms 
Discrimination 
against Women 

Convention  against 
Torture  and  Other 
Cruel,  Inhuman  or 
Degrading 
Treatment 
Punishment 

or 

EN 

141 

EN 

 
  
 
 
 
 
 
 
 
 
 
Convention  on  the 
Rights of the Child 

1. CRC 

2. 29 January 2010 

3.http://www2.ohchr.org/english/
bodies/crc/docs/CRC-C-MNG-
CO-3-4.pdf 

The Committee welcomed the adoption of many legislative and other  measures taken with a view to 
implement the Convention. 

The Committee recommended the State party to develop, adopt and implement a new National Action 
Plan  to  cover  the  period  after  2010,  to  protect  the  children’s  budget  from  any  economic  shock  or 
natural  disasters,  to  strengthen  cooperation  with  civil  society,  including  NGOs  and  children’s 
associations,  to  ensure  that  cases  of  discrimination  against  children  in  all  sectors  of  society  are 
effectively addressed, to ensure that the best interests of the child is incorporated in all legal provisions, 
to reinforce protection of the right to life of all children, to register all children, especially children in 
remote areas free of charge, to protect children from harmful information while fully guaranteeing their 
access to appropriate information, to prevent and end all forms of corporal punishment of children, to 
ensure that every child is protected from all forms of physical, sexual and mental violence, to provide 
the necessary support to parents and families in need, to introduce specialized social work services on 
the  rights  of  the  child,  to  prohibit  all  forms  of  child  abuse  and  violence  in  family  and  enforce  the 
prohibition of rape and incest, to establish a reporting mechanism for child abuse, to protect the rights 
of  children  with  disabilities,  to  promote  and  expand  community-based  rehabilitation  programmes,  to 
address, as a matter of urgency, the high rates of malnutrition, to ensure access to reproductive health 
services for adolescents, including sex and reproductive health education, to improve food availability, 
the  quality  of  water  and  sanitation,  hygiene,  housing  and  education,  to  provide  innovative  education 
such as travelling schools, to take all feasible  measures to ensure full protection and care of asylum-
seeking and refugee children, to design campaigns to raise awareness of the negative effects of child 
labour, to raise awareness of the rights of street children, to protect victims of sexual exploitation, to 
protect children from trafficking and sale, to establish specialized juvenile courts and to ensure that all 
child witnesses of crimes are provided with protection 

CONVENTIONS 
ON 
ENVIRONMENT 
AND 
GOVERNANCE 
PRINCIPLES : 

Montreal  Protocol 
on  Substances  that 

1. the Monitoring Body 

Latest recommendations by the monitoring body. 

2. Date of latest Report 

3. Web link 

1.Implementation Committee 

In 2010, no new non-compliance issues reported by the Implementation Committee 

EN 

142 

EN 

 
  
 
Deplete  the  Ozone 
Layer 

Basel  Convention 
on  the  Control  of 
Transboundary 
Movements 
of 
Hazardous  Wastes 
and Their Disposal 

Stockholm 
Convention 
on 
Persistent  Organic 
Pollutants 

2. 13 July 2010 

http://www.unep.ch/Ozone/Meeting_Documents/impcom/IMPCOM-44-5E.pdf 

3.http://ozone.unep.org/ 

1. Compliance Committee 

Partial reporting until 2006 and no report submitted for 2007. 

2. N/A 

Information on the status of national reporting in 2008 not yet published on the Basel website. 

National report and National implementation plan submitted.  

Some outstanding contributions. 

3.http://www.basel.int/legalmatte
rs/compcommitee/index.html 

1. No compliance committee 
established yet. Compliance 
assessed through the following: 

- national implementation plan 
required by Art.7 

http://chm.pops.int/Countries/Nat
ionalImplementation/tabid/253/la
nguage/en-US/Default.aspx 

- national report required by Art. 
15 
http://chm.pops.int/Countries/Nat
ionalReports/FirstRoundofParty
Reports/tabid/254/language/en-
US/Default.aspx 

- contributions to the convention 
budget 
http://chm.pops.int/Countries/Co

EN 

143 

EN 

 
  
 
 
ntributions/tabid/374/language/e
n-US/Default.aspx 

1. Standing Committee 

2. 11 March 2010 

3.http://www.cites.org/common/c
om/SC/59/E59-11A.pdf 

- 
CITES 
on 
Convention 
International  Trade 
Endangered 
in 
Species 
of  Wild 
Fauna and Flora 

Implementing legislation is under review by the CITES Secretariat and is not yet believed to fully meet 
all the requirements for the implementation of CITES (category 2). 

Mongolia has yet to comply fully with Article VIII, paragraph 7 of CITES which requires each Party to 
submit  a  biennial  report  on  legislative,  regulatory  and  administrative  measures  taken  to  enforce  the 
Convention (deadline for the submission being the 31st of October of the year following the year for 
which the report was due) (2003-2004 received).  

Annual Reports have been submitted until 2009.  

Convention 
on 
Biological Diversity 

1. Compliance assessed through 
the following: 

National reports submitted. 

Contributions have been collected. 

- National Biodiversity Strategy 
and Action plan required by Art. 
6 

http://www.cbd.int/nbsap/ 

- national report required by Art. 
26 

http://www.cbd.int/countries/ 

to 

level  of  payments: 

Link 
http://www.cbd.int/convention/p
arties/contributions.shtml?tab=2 

Cartagena  Protocol 
on Biosafety 

1. Compliance Committee 

1st National implementation report not submitted. 

2. 23 September 2010 

Some outstanding contributions. 

EN 

144 

EN 

 
  
3.http://www.cbd.int/doc/meetin
gs/bs/bscc-07/official/bscc-07-
03-en.pdf 

1. Compliance Committee 

No non-compliance proceedings were started against Mongolia. 

2. 8 October 2010  

3.http://unfccc.int/resource/docs/
2010/cmp6/eng/06.pdf 

1.INCB 

No specific recommendations. 

2. 24 February 2010 

Kyoto  Protocol  to 
the  United  Nations 
Framework 
Convention 
Climate Change 

on 

United 
Nations 
Single  Convention 
on Narcotic Drugs 

Convention 
Psychotropic 
Substances 

on 

3.http://www.incb.org/incb/en/an
nual-report-2009.html 

Illicit  Traffic 
in 
Narcotic  Drugs  and 
Psychotropic 
Substances 

Nations 
United 
Convention  against 
Corruption 

1.United  Nation  secretariat  – 
Report  on  Compliance  with  the 
United  Nations  Convention 
against Corruption 

2.  9  September  2009  (general 
distribution) 

3.http://www.unodc.org/docume
nts/treaties/UNCAC/COSP/sessi

Articles that need further work for full compliance (as indicated in the self-assessment report) 

Article  6  -  While  Mongolia  stated  that  it  had  ensured  the  existence  of  an  anti-corruption  body  in 
accordance  with  paragraph  1,  it  did  not  comply  with  the  obligatory  reporting  item  of  citing  the 
applicable  legislation…  With  regard  to  the  training  of  officers  of  the  Independent  Authority  against 
Corruption, Mongolia stated that they had been given English-language training. Article 9 - Mongolia 
also reported full compliance with article 9, with the exception of paragraph 3, regarding the prevention 
of  falsification  of  public  expenditure  records,  in  respect  of  which  it  indicated  partial  compliance… 
Mongolia  indicated  that  procuring  entities  had  to  establish  an  evaluation  committee  when  procuring 
goods,  work  or  services  estimated  to  exceed  the  threshold  value  specified  in  Mongolian  legislation. 

EN 

145 

EN 

 
  
 
 
 
on3/V0986236e.pdf 

However, Mongolia did not provide details concerning the specific tasks of the evaluation committee. 
Paragraph 3 - Mongolia reported partial compliance. 

Article 15 - Mongolia assessed its legislation as partly compliant with paragraph (a) and clarified that it 
had not criminalized the promise and offering of an undue advantage to a public official in order for the 
official act or refrain from acting in the exercise of his or her official duties. Mongolia reported that it 
had not implemented paragraph (b), concerning the criminalization of passive bribery of national public 
officials. 

Article 16 - Mongolia indicated that it had not implemented article 16. 

Article 52, para 1 – Mongolia reported partial implementation of measures providing for verification of 
identity  and  enhanced  scrutiny.  Para  2  (a)  Mongolia  reported  partial  compliance,  para  3  -  Mongolia 
reported  partial  compliance.  Mongolia  indicated  that  it  had  not  implemented  paragraph  4.  While 
Mongolia  reported  partial  compliance  with  the  requirements  of  the  Convention  concerning  the 
establishment of financial disclosure systems for public officials, as set forth in paragraph 5, they stated 
that they did not require public officials to report foreign financial accounts (para. 6). 

Article  53  -  Mongolia  assessed  its  legislation  as  not  being  in  compliance  with  paragraph  (b), 
concerning the implementation of measures permitting its courts to order payment of compensation or 
damages. 

Article 57 - Mongolia indicated that it was not in compliance with paragraph 2, concerning the return 
of confiscated property upon request by another State party. Mongolia assessed its legislation as non-
compliant with paragraph 3, regarding the return of property confiscated pursuant to article 55. While 
Pakistan reported partial compliance with the non mandatory provision of paragraph 5, concerning the 
conclusion of agreements on the final disposal of confiscated property, Mongolia stated that it had not 
implemented the provision. 

EN 

146 

EN 

 
  
 
 
12. 

NICARAGUA (NI) 

CONVENTION 

REPORTING STATUS 

RECOMMENDATIONS 

ILO 
CONVENTIONS 
ON 
CORE 
LABOUR RIGHTS:

-  Freedom  of 
and 
the 

87 
Association 
Protection  of 
Right to Organise 

98  -  Application  of 
the Principles of the 
Right  to  Organise 
and 
to  Bargain 
Collectively 

1. the Monitoring Body 

Latest recommendations by the monitoring body. 

2. Date of latest Report 

3. Web link 

1. CEACR and CFA 

2. 2010 

3.http://www.ilo.org/wcmsp5/gro
ups/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_123424.pdf 

http://www.ilo.org/wcmsp5/grou
ps/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_124972.pdf 

1. CEACR and CFA 

2. 2010 

3.http://www.ilo.org/wcmsp5/gro
ups/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_123424.pdf 

http://www.ilo.org/wcmsp5/grou

The  Committee  requests  the  Government  to  carry  out  an  investigation  and  provide  its  response 
regarding ITUC's allegations in 2005 and 2006 concerning the criminal proceedings against seven trade 
union officials, obstacles to the registration of a trade union executive committee and the declaration by 
the administrative authority that a work stoppage in the education sector was illegal. 

The  Committee  requests  the  Government  once  again  to  supply  information  in  its  next  report  on  the 
measures  taken  or  contemplated  to  amend  its  legislation  in  order  to  comply  with  Article  3  of  the 
Convention.  Right  of  workers’  organizations  to  organize  their  activities  and  formulate  their 
programmes in full freedom. The Committee recalls that it has been referring for a number of years to 
the need for measures to be taken to amend sections 389 and 390 of the Labour Code, which provide 
for compulsory arbitration of a dispute where 30 days have elapsed since the calling of a strike. The 
Committee  requests  the  Government  once  again  to  supply  information  in  its  next  report  on  the 
measures taken or contemplated to amend these sections as indicated. 

The Committee requests the Government to undertake an investigation into the comment alleging anti-
union  dismissals  in  export  processing  zones  (EPZs)  and  various  enterprises.  The  Committee  also 
requests the Government to send its observations on the ITUC comments dated 26 August 2009 which 
also refer to this matter. 

EN 

147 

EN 

 
  
ps/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_124972.pdf 

-  Forced  or 
29 
Compulsory Labour

- 

Equal 
100 
of 
Remuneration 
Men  and  Women 
Workers  for  Work 
of Equal Value 

105  -  Abolition  of 
Forced Labour 

111 - Discrimination 
in 
of 
Respect 
Employment 
and 
Occupation 

138 - Minimum Age 
for  Admission 
to 
Employment 

1. CEACR 

2. 2010 

3.http://www.ilo.org/wcmsp5/gro
ups/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_123424.pdf 

The  Committee  notes  with  interest  the  various  measures  taken  by  the  Government  to  combat  child 
labour.  It  strongly  encourages  the  Government  to  continue  its  efforts  to  combat  child  labour  and 
requests it to provide information on the measures which will be taken in this regard, particularly in the 
context  of  the  National  Strategic  Plan  for  the  Prevention  and  Elimination  of  Child  Labour  and  the 
Protection of Young Workers (PEPETI 2007–16), and on the results achieved. 

The Committee requests the Government to provide information on the measures taken by the labour 
Inspectorate for children and the general labour Inspectorate to protect and remove from work children 
who are not bound by an employment relationship, such as those working on their own account. 

The  Committee  urges  the  Government  to  take  the  necessary  measures  to  ensure  that  the  work  of 
children  under  14  years  of  age  is  brought  to  an  end  in  practice  and  to  provide  information  on  any 
progress made in this regard. 

EN 

148 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
-  Prohibition 
182 
Immediate 
and 
Action 
the 
for 
Elimination  of  the 
of 
Worst  Forms 
Child Labour 

1. CEACR 

2. 2010 

3.http://www.ilo.org/wcmsp5/gro
ups/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_123424.pdf 

The Committee requests the Government to continue taking measures to increase the school attendance 
rate  and  facilitate  the  access  of  children  to  education,  to  prevent  children  from  turning  to  work.  The 
Committee requests the Government to provide information on any progress made in this regard. 

The Committee requests the Government to provide information on the application of the provisions of 
the  new  Penal  Code  (in  compliance  with  Article  3  of  the  Convention.  Worst  forms  of  child  labour. 
Clauses (a) and (b). Sale and trafficking of children and the use, procuring or offering of a child for the 
production of pornography or for pornographic performances), including, in particular, statistics on the 
number and nature of violations reported, the investigations conducted, prosecutions, convictions and 
penal sanctions imposed. 

The Committee requests the Government to provide  information on the outcome of the consultations 
held with regard to the updating of the list of hazardous types of work, in particular hazardous work in 
agriculture, and to provide a copy of any relevant text or draft text. Furthermore, while welcoming the 
legal  measures  adopted  with  a  view  to  ensuring  that  no  child  under  18  years  of  age  is  engaged  in 
hazardous  work  and  that  any  person  who  avails  himself  of  such  labour  shall  be  liable  to  the  above 
administrative and penal sanctions, the Committee hopes that the Government will provide information 
and statistics in its next report showing the impact, in practice, of these new provisions. 

The Committee requests the Government to provide information on the application of the Act No. 666 
on domestic work in practice, including any difficulties encountered and, in particular, statistics on the 
inspections  carried  out,  violations  reported,  administrative  sanctions  imposed,  any  criminal  charges 
laid, prosecutions and penal sanctions imposed. 

The  Committee  requests  the  Government  to  continue  providing  information  on  any  other  measures 
implemented under the ILO–IPEC regional project on the commercial sexual exploitation of children 
and the Programa Amor and on the results achieved. It also requests it to provide information on the 
number  of  children  who  have  benefited  from  rehabilitation  and  social  integration,  following  their 
removal from the worst forms of child labour. 

Noting that no information has been provided by the Government concerning other measures aimed at 
eliminating, in practice, child labour in agriculture, or on the number of children who are in practice 
removed from this worst form of child labour, the Committee requests the Government to provide this 
information in its next report. 

EN 

149 

EN 

 
  
 
 
Noting that the Government has not replied to its request for information, the Committee once again 
requests  it  to  provide  information  on  any  measures  implemented  in  the  context  of  the  ILO–IPEC 
regional  project  on  the  commercial  sexual  exploitation  of  children  relating  to  cooperation  with  other 
beneficiary countries with a view to strengthening security measures so as to bring an end to this worst 
form of child labour and on the results achieved. 

Noting  that  the  Government  has  not  provided  the  information  requested,  the  Committee  once  again 
requests it to provide information on any measures implemented under the above Protocol with a view 
to  providing  special  protection  for  child  victims  of  trafficking  and  facilitating  their  repatriation,  and 
statistics on the number of children repatriated. 

1. the Monitoring Body 

Latest recommendations by the monitoring body. 

2. Date of latest Report 

3. Web link 

1. CERD 

2. 19 June 2008 

3. http://daccess-dds-
ny.un.org/doc/UNDOC/GEN/G0
8/426/16/PDF/G0842616.pdf?Op
enElement 

The Committee was aware of the socio-economic difficulties the State party had been experiencing for 
over 20 years as a result of internal conflict and natural disasters. 

The Committee welcomed the adoption of general laws containing special provisions for protecting the 
rights of the indigenous peoples and the institutionalization of the International Day for the Elimination 
of Racial Discrimination. The Committee recommended the State Party to combat racial discrimination 
by developing a global and national policy to combat racism, to accelerate the process of adoption of 
the Act relating to the Indigenous Peoples of the Pacific, Central and Northern Regions, to guarantee 
the right of the indigenous peoples to use their languages in judicial proceedings, to step up its efforts 
to  guarantee  the  right  to  public  health,  medical  care,  social  security  and  social  services  to  the 
indigenous peoples and communities of African descent, to combat maternal mortality in the Atlantic 

UN 
CONVENTIONS 
ON 
CORE 
HUMAN RIGHTS: 

Convention  on  the 
Prevention 
and 
Punishment  of  the 
Crime of Genocide 

International 
Convention  on  the 
Elimination  of  All 
Forms  of  Racial 
Discrimination 

EN 

150 

EN 

 
  
 
 
 
 
 
International 
Covenant  on  Civil 
and Political Rights 

1. Human Rights Committee 

2. 12 December 2008 

3. http://daccess-dds-
ny.un.org/doc/UNDOC/GEN/G0
8/456/92/PDF/G0845692.pdf?Op
enElement 

International 
on 
Covenant 
Economic, 
Social 
and Cultural Rights 

1. CESCR 

2. 24 November 2008 

3. http://daccess-dds-
ny.un.org/doc/UNDOC/GEN/G0
8/456/31/PDF/G0845631.pdf?Op
enElement 

autonomous  region,  to  combat  racial  prejudice  that  leads  to  racial  discrimination  in  the  media  -  both 
public  and  private  channels  -  and  in  the  press  and  to  adopt  a  code  of  ethics  for  the  media,  which 
requires  the  media  to  respect  the  identity  and  culture  of  the  indigenous  peoples  and  communities  of 
African descent. 

 The  Committee  welcomed  the  ratification  of  the  Second  Optional  Protocol  to  the  International 
Covenant on Civil and Political Rights (2008), aimed at the abolition of the death penalty. The State 
party should step up efforts to combat the trafficking of women and Children and intensify its efforts to 
combat discrimination against women in employment matters, guaranteeing, inter alia, equal access to 
employment  and  equal  pay  for  equal  work,  to  put  a  halt  to  killings  of  women,  to  ban  all  corporal 
punishment of children, at school and in other institutions for children, to reform the Code of Criminal 
Procedure,  which  allows  the  police  to  detain  people  without  a  Warrant,  to  improve  conditions  for 
prisoners and to guarantee organizations of human rights defenders the right to freedom of expression 
and association. 

The Committee noted with satisfaction the legislative and other measures adopted by the State party to 
promote the enjoyment of economic, social and cultural rights and welcomed the establishment of an 
Office of Secretary for Indigenous and Afro-descendant Affairs.  

The  Committee  recommended  the  State  party  to  review  its  overall  strategy  for  the  eradication  of 
poverty and to step up its efforts to combat poverty, to effectively guarantee indigenous people’s right 
to  education  and  adequate  health  services,  to  ensure  equal  remuneration  for  work  of  equal  value  for 
men and women, to amend the labour legislation in order to combat contractual insecurity, including by 
reducing the use of temporary contracts, to effectively prevent the exploitation and abuse of workers, 
and to punish those responsible, to ensure that the minimum wage covers 100 per cent of the basic food 
basket, to take immediate and effective measures to put an end to murders of women and to investigate 
and punish the perpetrators, to allow victims of gender violence effective access to justice and provide 
police protection for victims, to adopt a welfare programme enabling elderly persons to live a decent 
life, ensure that food vouchers are genuinely allocated to the poorest populations, to improve the supply 
of water and sanitation services to existing dwellings, to review its legislation on abortion and to study 
the possibility of providing for exceptions to the general prohibition on abortion in cases of therapeutic 
abortion or pregnancies resulting from rape or incest. The State Party should also strengthen measures 
to combat trafficking in women and children and implement measures to reduce illiteracy. 

EN 

151 

EN 

 
  
 
 
International 
Convention  on  the 
Suppression 
and 
Punishment  of  the 
Crime of Apartheid 

Convention  on  the 
Elimination  of  All 
of 
Forms 
Discrimination 
against Women 

Convention  against 
Torture  and  Other 
Cruel,  Inhuman  or 
Degrading 
Treatment 
Punishment 

or 

1. CAT 

2. 10 June 2009 

The Committee welcomed the ratification of the Optional Protocol to the Convention against Torture 
and  Other  Cruel,  Inhuman  or  Degrading  Treatment  or  Punishment  (2008)  and  the  adoption  of  the 
Refugee Protection Act (2008) by the National Assembly with all-party support. 

3.http://www2.ohchr.org/english/
bodies/cat/docs/CAT.C.NIC.CO.
1_en.pdf 

The Committee recommended Nicaragua to adopt a definition of torture fully in line with article 1 of 
the  Convention  and  ensure  that  this  definition  covers  all  the  elements  of  torture,  to  implement  the 
necessary investigations and sanctions in order to prevent and combat impunity in the face of serious 
violations of the Convention, to provide detailed statistical data, disaggregated by offence, ethnic origin 
and  sex,  in  its  next  periodic  report,  to  ensure  an  effective  system  for  inspecting  detainees’  detention 
conditions  and  treatment,  to  ensure  that  all  victims  of  violence  against  women  have  access  to 
immediate redress, protection, support and legal assistance, to adopt and put into practice an integrated 
and  multifaceted  national  strategy  to  eliminate  violence  against  women  and  girls,  to  review  its 
legislation  on  abortion,  to  guarantee  immediate  and  unconditional  treatment  for  persons  seeking 
emergency medical care, to combat alleged cases of systematic harassment and death threats directed at 
human rights defenders in general and female defenders of women’s rights in particular, to combat and 
prevent  acts  of  violence  against  members  of  the  political  opposition,  their  sympathizers  and 
representatives of NGOs in connection with peaceful demonstrations and to provide proper protection 
for demonstrators, to arrange for substantial improvements in the system of registers kept in its police 
stations, to reduce overcrowding in prisons and to improve infrastructure and hygiene and to establish 
separate detention centres for persons below the age of 18 

EN 

152 

EN 

 
  
 
 
 
  
 
Convention  on  the 
Rights of the Child 

1. CRC 

2.1 October 2010 

The  Committee  welcomes  a  number  of  positive  developments  in  the  reporting  period,  including  the 
adoption of several legislative measures such as The Framework Law on the Right to Food (2009) and 
The Special Law for the Promotion of Housing Construction and Access to Social Housing (2009).  

3.http://www2.ohchr.org/english/
bodies/crc/docs/co/CRC-C-NIC-
CO-4.doc 

The  Committee  recommended  Nicaragua  to  enact  measures  towards  ensuring  that  the  Child  Code 
continues  to  be  the  overall  legal  framework.  Moreover,  it  further  recommended  that  Nicaragua  to 
provide adequate and systematic training of all professional groups working for and with children, to 
adopt the draft Family Code, to strengthen efforts at combating racist and gender biased attitudes and 
behaviour,  to  approve  without  delay  the  new  Civil  Registry  Law,  to  adopt  appropriate  measures  to 
combat torture and cruel, inhuman or degrading treatment, to urgently pass the Family Code, to provide 
economic and social assistance programmes for the families most at risk, to repeal the articles of the 
Penal Code that criminalize abortion, to provide child victims with protection from any threat of further 
abuse, to ensure that child victims have access to justice, to ensure that the educational system is fully 
able  to  implement  the  policy  of  inclusive  education,  to  ensure  access  to  high  quality,  culturally 
sensitive health care for all children and women, to ensure that safe, legal and confidential sexual and 
reproductive health services are accessible to adolescents, to improve access to employment, housing, 
food, potable water, sanitary services and electricity, to take measures to reduce and eliminate drop out 
and  make  more  children  stay  in  the  educational  system  beyond  the  compulsory  years  of  school,  to 
ensure that juvenile justice standards are fully implemented and to establish separate detention centres 
for persons below the age of 18 and improve detention conditions. 

CONVENTIONS 
ON 
ENVIRONMENT 
AND 
GOVERNANCE 
PRINCIPLES : 

Montreal  Protocol 
on  Substances  that 
Deplete  the  Ozone 
Layer 

1. the Monitoring Body 

Latest recommendations by the monitoring body. 

2. Date of latest Report 

3. Web link 

1.Implementation Committee 

In 2010, no new non-compliance issues reported by the Implementation Committee. 

2. 13 July 2010 

http://www.unep.ch/Ozone/Meeting_Documents/impcom/IMPCOM-44-5E.pdf 

3. http://ozone.unep.org/ 

EN 

153 

EN 

 
  
 
Basel  Convention 
on  the  Control  of 
Transboundary 
Movements 
of 
Hazardous  Wastes 
and Their Disposal 

Stockholm 
on 
Convention 
Persistent  Organic 
Pollutants 

1. Compliance Committee 

No reporting at all.  

2. N/A 

3.http://www.basel.int/legalmatte
rs/compcommitee/index.html 

1. No compliance committee 
established yet. Compliance 
assessed through the following: 

National report not submitted, but National implementation plan submitted. The second reporting cycle 
has just been initiated. The reports received from the Parties will be published once the submissions are 
completed. According to decision SC-4/30, the deadline for report submissions is 31 October 2010. 

Significant unpaid contributions. 

- national implementation plan 
required by Art.7 

http://chm.pops.int/Countries/Nat
ionalImplementation/tabid/253/la
nguage/en-US/Default.aspx 

- national report required by Art. 
15 
http://chm.pops.int/Countries/Nat
ionalReports/FirstRoundofParty
Reports/tabid/254/language/en-
US/Default.aspx 

- contributions to the convention 
budget 
http://chm.pops.int/Countries/Co
ntributions/tabid/374/language/e
n-US/Default.aspx 

CITES 
- 
on 
Convention 
International  Trade 

1. Standing Committee 

2. 11 March 2010 

Nicaragua has yet to comply fully with Article VIII, paragraph 7 of CITES which requires each Party 
to submit a biennial report on legislative, regulatory and administrative measures taken to enforce the 
Convention (deadline for the submission being the 31st of October of the year following the year for 

EN 

154 

EN 

 
  
 
in 
Species 
Fauna and Flora 

Endangered 
of  Wild 

3.http://www.cites.org/common/c
om/SC/59/E59-11A.pdf 

which the report was due) (2003-2004 received) as well as to submit the annual reports on its CITES 
trade,  containing  a  summary  of  information  on,  inter  alia,  the  number  and  type  of  permits  and 
certificates granted (received until 2007). 

on 
Convention 
Biological Diversity 

1. Compliance assessed through 
the following: 

1st National Report not submitted. The 4th National Report has been submitted. 

There are some unpaid mandatory contributions to the CBD core budget. 

- National Biodiversity Strategy 
and Action plan required by Art. 
6 

http://www.cbd.int/nbsap/ 

- national report required by Art. 
26 

http://www.cbd.int/countries/ 

to 

level  of  payments: 

Link 
http://www.cbd.int/convention/p
arties/contributions.shtml?tab=2 

Cartagena  Protocol 
on Biosafety 

1. Compliance Committee 

No reports submitted. 

2. 23 September 2010 

Some outstanding contributions. 

3.http://www.cbd.int/doc/meetin
gs/bs/bscc-07/official/bscc-07-
03-en.pdf 

Kyoto  Protocol  to 
the  United  Nations 
Framework 
Convention 

on 

1. Compliance Committee 

No non-compliance proceedings were started against Nicaragua. 

2. 8 October 2010  

3.http://unfccc.int/resource/docs/

EN 

155 

EN 

 
  
 
A ministerial meeting was held in Managua in June 2009 under the auspices of the Central American 
Integration System (SICA) and UNODC. Ministers from Belize, the Dominican Republic, El Salvador, 
Guatemala, Honduras, Mexico, Nicaragua and Panama declared their strong commitment to the fight 
against  drug  trafficking,  organized  crime  and  terrorism  and  the  financing  of  such  crime…The  Board 
hopes  that  the  political  declaration  will  translate  into  effective  regional  cooperation  in  combating 
organized crime and drug trafficking. 

There  are  indications  that  drug  abuse  is  increasing  in  Nicaragua,  in  particular  in  the  Atlantic  region, 
where the increase in drug trafficking has led to increased availability of drugs. The Board invites the 
Government of Nicaragua to conduct an assessment of the drug abuse situation in the country and to 
take appropriate measures to remedy the situation. 

Nicaragua did not provide a self-assessment report on its implementation of the Convention. 

Climate Change 

2010/cmp6/eng/06.pdf 

United 
Nations 
Single  Convention 
on Narcotic Drugs 

1.INCB 

2. 24 February 2010 

Convention 
Psychotropic 
Substances 

on 

3.http://www.incb.org/incb/en/an
nual-report-2009.html 

Illicit  Traffic 
in 
Narcotic  Drugs  and 
Psychotropic 
Substances 

United 
Nations 
Convention  against 
Corruption 

1.United  Nation  secretariat  – 
Report  on  Compliance  with  the 
United  Nations  Convention 
against Corruption 

2.  9  September  2009  (general 
distribution) 

3.http://www.unodc.org/docume
nts/treaties/UNCAC/COSP/sessi
on3/V0986236e.pdf 

EN 

156 

EN 

 
  
 
 
13. 

PANAMA (PA) 

CONVENTION 

REPORTING STATUS 

RECOMMENDATIONS 

ILO 
CONVENTIONS 
ON 
CORE 
LABOUR RIGHTS:

-  Freedom  of 
and 
the 

87 
Association 
Protection  of 
Right to Organise 

1. Monitoring Body 

Latest recommendations by the monitoring body. 

2. Date of latest Report 

3. Web link 

1. CEACR and CFA 

2. 2010 

3.http://www.ilo.org/wcmsp5/gro
ups/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_123424.pdf 

http://www.ilo.org/wcmsp5/grou
ps/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_124972.pdf 

The  CEACR  expressed  concern  on  the  murder  of  a  leader  of  the  Single  Union  of  Construction  and 
Allied  Industries  Workers  (SUNTRACS);  the  denial  of  the  right  to  strike  by  the  Panama  Canal 
Authority;  and  the  referral  of  all  collective  disputes  in  the  export  processing  zones  to  compulsory 
arbitration. The Committee urged the Government to carry out an investigation thereon and to send its 
observations on this matter. 

Also,  the  CFA  firmly  expects  that  the  ongoing  investigations  into  the  murders  of  trade  union 
leaders will be concluded without delay and that those responsible for the events in question will 
consequently be punished and requests the Government to inform it of any rulings issued. 

The  CFA  urges  the  Government  without  delay  to  send  its  observations  regarding  the  following 
allegations: (1) the injuries suffered by trade union officials on 14 August 2007; (2) the detention of 
SUNTRACS  press  and  communications  secretary;  (3)  the  incident  in  which  police  officers  attacked 
workers using firearms on 12 February 2008 while they were taking part in a peaceful demonstration as 
part  of  a  national  strike  and  the  arrest  of  and  imposition  of  fines  on  over  500  workers  who  were 
protesting as a result of the death of the trade union official; (4) the violent repression and arrest by the 
police of 224 workers (including 47 members of SUNTRACS) participating in a demonstration on 16 
March 2010 and the imposition of fines on the abovementioned workers, and; (5) the submission by the 
Government of a bill establishing that job applicants must provide their “police records” (proving that 
they  do  not  have  a  criminal  record)  prior  to  obtaining  employment,  which,  in  the  view  of  the 
complainants, is an attempt to punish those having participated in the demonstrations. 

The  CFA  requests  the  Government  to  take  promptly  the  necessary  measures  to  carry  out  an 
investigation  without  delay  regarding  the  allegations  concerning  the  dismissal  of  over  100  workers 

EN 

157 

EN 

 
  
 
belonging to SUNTRACS owing to their refusal to join another trade union allegedly established by the 
enterprise Odebrecht and to inform the Committee of the results of this investigation and, given that the 
allegations date back to 2007, to report on the current state of labour relations between the enterprises 
concerned and the trade unions in the construction sector. 

The CEACR urged the Government, in consultation with the social partners, to take the necessary steps 
to amend the legislation so as to make it fully consistent with the provisions of the Convention and the 
principles of freedom of association, namely on the right of workers and employers without distinction 
whatsoever to establish and join organization, right of organizations to elect their representatives in full 
freedom; right of organizations to organize their administration; right of organizations to organize their 
activities and formulate their programmes without interference.  

The  Committee  considers  that  technical  assistance  would  be  particularly  useful  for  the  Government 
who states that although there is not as yet agreement with the social partners on amending the Labour 
Code, it is willing to harmonize law and practice with the Convention. 

98  -  Application  of 
the Principles of the 
Right  to  Organise 
and 
to  Bargain 
Collectively 

1. CEACR and CFA 

The CEACR expressed concern over acts of anti-union discrimination and interference.  

2. 2010 

3.http://www.ilo.org/wcmsp5/gro
ups/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_123424.pdf 

http://www.ilo.org/wcmsp5/grou
ps/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_124972.pdf 

The  Committee  urged  the  Government  to  take  the  necessary  steps,  in  consultation  with  the  social 
partners, to amend the legislation to bring it into full conformity with the provisions of the Convention 
and the principles of freedom of association, mainly on: the right of associations of public servants to 
collective  bargaining;  bargaining  with  non-unionized  groups  and  restrictions  on  collective  bargaining 
in the maritime sector.  

The  Committee  considers  that  technical  assistance  would  be  particularly  useful  for  the  Government 
who states that although there is not as yet agreement with the social partners on amending the Labour 
Code, it is willing to harmonize law and practice with the Convention. 

As regards the acts of anti-union discrimination and interference by the and the authorities; aggression 
and threats against union members, the CFA requests the Government to inform it without delay of the 
current  status  of  the  workers  involved  and,  specifically,  whether  they  are  still  covered  by  their  trade 
union immunity. 

The  CFA  requests  the  Government  to  provide  it  without  delay  with  information  on  the  alleged 
dismissal (as part of a corporate restructuring) of dozens of workers said to have been involved in the 

EN 

158 

EN 

 
  
October 2006 protest march. 

Regarding the company’s alleged failure to pass on union dues to the union or to comply with the laws 
and regulations on the subject, the CFA requests the Government to inform it whether the company has 
deducted any union dues that have not been credited to the trade union concerned and, if so, to ensure 
that this is done without delay. 

Regarding  the  alleged  violent  attack  on  trade  unionists,  the  CFA  requests  the  Government  and  the 
complainant organizations to indicate whether there has been any investigation into the matter or if the 
victims have lodged any judicial appeals and to keep it informed of developments. 

The CFA requests the Government to order an inquiry into the alleged financial support provided by 
the company for setting up a new trade union.  

The CFA requests the Government to institute an inquiry without delay into the alleged threats of civil 
and  criminal  sanctions  against  trade  unionists  who  took  part  in  the  demonstrations  and  to  keep  it 
informed of developments. 

29 
-  Forced  or 
Compulsory Labour

- 

Equal 
100 
Remuneration 
of 
Men  and  Women 
Workers  for  Work 
of Equal Value 

1. CEACR 

2. 2010 

3.http://www.ilo.org/wcmsp5/gro
ups/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_123424.pdf 

The Committee expressed concerns over the equal remuneration for work of equal value in the public 
sector and, specifically to the absence of rates of remuneration established without discrimination based 
on sex. The Committee asked the Government to provide information on that issue, including statistics 
on the wage levels of public servants disaggregated by sex, occupational category and post.  

The  Committee  asked  the  Government  to:  promote  dialogue  with  the  social  partners  on  the  need  to 
expressly  prohibit  pay  discrimination  in  situations  in  which  men  and  women  perform  different  jobs 
which are nonetheless of equal value with a view to amending the Labour Code; expressly establish in 
its legislation the principle of equal remuneration for work of equal value; provide information on any 
progress made in these respects; and provide information on the steps taken or envisaged to promote 
understanding of the principle of the Convention by the authorities and organizations of workers and 
employers. 

EN 

159 

EN 

 
  
 
 
 
 
105  -  Abolition  of 
Forced Labour 

111 - Discrimination 
in 
of 
Respect 
Employment 
and 
Occupation 

1. CEACR 

2. 2010 

3.http://www.ilo.org/wcmsp5/gro
ups/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_123424.pdf 

The  Committee  raised  concerns  regarding  discrimination  based  on  political  opinion,  administrative 
career system and gender-based discrimination. On the last issue, the Committee urged the Government 
to take the necessary measures to prevent discrimination on the ground of pregnancy, especially with 
regard to access to employment and job security and to ensure that temporary contracts are not used as 
a means to discriminate against woman based on pregnancy. 

138 - Minimum Age 
for  Admission 
to 
Employment 

-  Prohibition 
182 
Immediate 
and 
Action 
the 
for 
Elimination  of  the 
Worst  Forms 
of 
Child Labour 

UN 
CONVENTIONS 
ON 
CORE 
HUMAN RIGHTS: 

Convention  on  the 
Prevention 
and 
Punishment  of  the 
Crime of Genocide 

1. the Monitoring Body 

Latest recommendations by the monitoring body. 

2. Date of latest Report 

3. Web link 

EN 

160 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
International 
Convention  on  the 
Elimination  of  All 
Forms  of  Racial 
Discrimination 

International 
Covenant  on  Civil 
and Political Rights 

1. CCPR 

2. 17 April 2008 

The  Committee  noted  with  satisfaction  the  legislative  reforms  carried  out  by  the  State  party,  in 
particular the adoption of a new penal code, the repeal of the contempt laws and the process of review 
of the Code of Criminal Procedure and the adoption of the law on domestic violence. 

3. http://daccess-dds-
ny.un.org/doc/UNDOC/GEN/G0
8/411/62/PDF/G0841162.pdf?Op
enElement 

The  State  party  should  ensure  that  all  cases  of  serious  human  rights  violations  are  duly  investigated, 
amend its legislation so that it effectively helps women avoid unwanted pregnancies and so that they do 
not have to resort to illegal abortions that could endanger their lives, put an end to these abuses and to 
monitor, investigate and, where appropriate, bring to justice and punish members of law enforcement 
bodies  who  commit  abuses,  take  measures  with  a  view  to  the  application  in  Panama  of  the  Standard 
Minimum Rules for the Treatment of Prisoners adopted by the UN, guarantee the right to defence of all 
citizens, including those who cannot afford a lawyer, not extradite, deport, expel or otherwise remove a 
person  from  its  territory  where  there  are  substantial  grounds  for  believing  that  there  is  a  real  risk  of 
irreparable harm, guarantee full equality in respect of the right to freedom of thought, conscience and 
religion, avoid any possibility of discrimination in this regard, abolish pregnancy tests as a requirement 
for access to employment, ensure the full application of the law aimed at eradicating child labour, such 
as the establishment of an effective inspection system and carry out a process of consultation with the 
indigenous communities before granting licences for the economic exploitation of the lands in which 
they live. 

International 
on 
Covenant 
Economic, 
Social 
and Cultural Rights 

International 
Convention  on  the 

EN 

161 

EN 

 
  
 
 
 
 
 
 
 
 
1. CEDAW 

2. 5 February 2010 

The Committee welcomed the ratification by the State party of the Optional Protocol to the Convention 
(2001)  as  well  as  the  adoption  of  a  number  of  legislative  measures  designed  by  the  State  party  to 
promote the advancement of women and gender equality. 

3.http://www2.ohchr.org/english/
bodies/cedaw/docs/co/CEDAW-
C-PAN-CO-7.pdf 

The Committee recommended the State party to implement all the legal measures that have been put in 
place to guarantee gender equality and non discrimination, to raise awareness of the Convention among 
all  women,  to  cooperate  more  effectively  and  in  a  systematic  manner  with  NGOs,  in  particular 
women’s associations, to increase its efforts to design comprehensive awareness-raising programmes to 
foster a better understanding of equality between women and men, to ensure the provision of adequate 
health  facilities  and  services  for  all  women  deprived  of  liberty,  to  investigate  cases  of  abuses 
committed by the police and punish the perpetrators of such crimes, to convey the message through the 
media that all forms of violence against women, including domestic violence, are unacceptable, to raise 
awareness  of  the  negative  consequences  of  disciplinary  measures  for  the  development  of  girls,  to 
combat  all  forms  of  trafficking  in  women  and  girls  and  ensure  the  protection  of  the  victims,  to 
strengthen  the  efforts  to  eradicate  illiteracy,  in  particular  among  indigenous  women,  to  facilitate  the 
completion of schooling by pregnant girls, to guarantee the principle of “equal pay for work of equal 
value”,  to  strengthen  the  implementation  of  family  planning  and  reproductive  health  programmes,  in 
particular for the most vulnerable groups of women, to ensure that women and girls are accorded equal 
rights and access to HIV/AIDS detection and to raise the minimum age of marriage for both men and 
women to 18 years. 

and 
Suppression 
Punishment  of  the 
Crime of Apartheid 

Convention  on  the 
Elimination  of  All 
Forms 
of 
Discrimination 
against Women 

Convention  against 
Torture  and  Other 
Cruel,  Inhuman  or 
Degrading 
Treatment 
Punishment 

or 

Convention  on  the 
Rights of the Child 

EN 

162 

EN 

 
  
 
 
 
  
 
 
CONVENTIONS 
ON 
ENVIRONMENT 
AND 
GOVERNANCE 
PRINCIPLES : 

Montreal  Protocol 
on  Substances  that 
Deplete  the  Ozone 
Layer 

Basel  Convention 
on  the  Control  of 
Transboundary 
of 
Movements 
Hazardous  Wastes 
and Their Disposal 

Stockholm 
Convention 
on 
Persistent  Organic 
Pollutants 

1. the Monitoring Body 

Latest recommendations by the monitoring body. 

2. Date of latest Report 

3. Web link 

1.Implementation Committee 

In 2010, no non-compliance issues reported by the Implementation Committee. 

2. 13 July 2010 

http://www.unep.ch/Ozone/Meeting_Documents/impcom/IMPCOM-44-5E.pdf 

3. http://ozone.unep.org/  

1. Compliance Committee 

Complete reporting until 2003 and the last report for 2007 has been submitted. 

2. N/A 

Information on the status of national reporting in 2008 not yet published on the Basel website. 

National report and National implementation plan submitted. 

Significant unpaid contributions. 

3.http://www.basel.int/legalmatte
rs/compcommitee/index.html 

1. No compliance committee 
established yet. Compliance 
assessed through the following: 

- national implementation plan 
required by Art.7 

http://chm.pops.int/Countries/Nat
ionalImplementation/tabid/253/la
nguage/en-US/Default.aspx 

- national report required by Art. 
15 
http://chm.pops.int/Countries/Nat

EN 

163 

EN 

 
  
 
ionalReports/FirstRoundofParty
Reports/tabid/254/language/en-
US/Default.aspx 

- contributions to the convention 
budget 
http://chm.pops.int/Countries/Co
ntributions/tabid/374/language/e
n-US/Default.aspx 

1. Standing Committee 

2. 11 March 2010 

Article  VIII,  paragraph  7  of  CITES  requires  each  Party  to  submit  a  biennial  report  on  legislative, 
regulatory and administrative measures taken to enforce the Convention (deadline for the submission 
being  the  31st  of  October  of  the  year  following  the  year  for  which  the  report  was  due).  Panama 
submitted in June 2010 all of its required Biennial Reports until 2007-2008. 

3.http://www.cites.org/common/c
om/SC/59/E59-11A.pdf 

All Annual Reports submitted until 2008. 

- 
CITES 
Convention 
on 
International  Trade 
Endangered 
in 
Species 
of  Wild 
Fauna and Flora 

Convention 
on 
Biological Diversity 

1. Compliance assessed through 
the following: 

There are significant unpaid mandatory contributions to the CBD core budget. 

Fourth national report has been submitted. 

- National Biodiversity Strategy 
and Action plan required by Art. 
6 

http://www.cbd.int/nbsap/ 

- national report required by Art. 
26 

http://www.cbd.int/countries/ 

to 

level  of  payments: 

Link 
http://www.cbd.int/convention/p
arties/contributions.shtml?tab=2 

EN 

164 

EN 

 
  
Cartagena  Protocol 
on Biosafety 

1. Compliance Committee 

First  National  Report  (2007)  has  been  submitted  in  June  2010,  but  not  the  Interim  National  report 
(2005). 

2. 23 September 2010 

3.http://www.cbd.int/doc/meetin
gs/bs/bscc-07/official/bscc-07-
03-en.pdf 

Some outstanding contributions. 

1. Compliance Committee 

No non-compliance proceedings were started against Panama. 

2. 8 October 2010  

3.http://unfccc.int/resource/docs/
2010/cmp6/eng/06.pdf 

Kyoto  Protocol  to 
the  United  Nations 
Framework 
Convention 
Climate Change 

on 

United 
Nations 
Single  Convention 
on Narcotic Drugs 

1.INCB 

2. 24 February 2010 

Convention 
Psychotropic 
Substances 

on 

3.http://www.incb.org/incb/en/an
nual-report-2009.html 

A ministerial meeting was held in Managua in June 2009 under the auspices of the Central American 
Integration System (SICA) and UNODC. Ministers from Belize, the Dominican Republic, El Salvador, 
Guatemala, Honduras, Mexico, Nicaragua and Panama declared their strong commitment to the fight 
against drug trafficking, organized crime and terrorism and the financing of such crime. In the political 
declaration  on  illicit  drug  trafficking,  transnational  organized  crime  and  terrorism  as  challenges  to 
security  and  development  in  Central  America,  the  ministers  emphasized  the  need  to  improve  the 
prevention of drug abuse and the treatment of drug abusers and to strengthen the prevention and control 
of organized crime. The Board hopes that the political declaration will translate into effective regional 
cooperation in combating organized crime and drug trafficking. 

Illicit  Traffic 
in 
Narcotic  Drugs  and 
Psychotropic 
Substances 

Nations 
United 
Convention  against 
Corruption 

1.United  Nation  secretariat  – 
Report  on  Compliance  with  the 
United  Nations  Convention 
against Corruption 

Articles that need further work for full compliance (as indicated in the self-assessment report) 

Article  9  –  partial  implementation.  Panama  did  not  provide  information  about  the  implementation  of 
paragraph 1 (c), thereby not complying with an obligatory reporting item…  

2.  9  September  2009  (general 

Article 15 – Panama reported compliance but did not provide examples of successful implementation – 

EN 

165 

EN 

 
  
distribution) 

but this was only an optional reporting item. 

3.http://www.unodc.org/docume
nts/treaties/UNCAC/COSP/sessi
on3/V0986236e.pdf 

Article  23  -  indicated  full  implementation  of  article  23  of  the  Convention,  but  did  not  report  on  its 
compliance  with  the  notification  obligation  set  forth  in  paragraph  2  (d),  a  mandatory  reporting  item. 
While  Panama  referred  to  its  penal  code,  which  criminalized  the  conversion  or  transfer  of  property 
proceeds of crime, it did not define predicate offences subject to the application of money-laundering 
laws  (paras.  2  (a),  (b),  (c)  and  (e)),  but  explained  that  its  penal  law  was  applicable  to  all  offences 
committed on the national territory or otherwise subject to Panama’s jurisdiction…. para. 2 (c).  

Article  25  -  Panama  did  not  provide  information  on  the  implementation  of  article  25  (a  mandatory 
reporting item)…  

Article 44 - Concerning the notification obligation set forth in paragraph 13… Panama did not meet the 
reporting requirement related to the article under review. 

Article 52 - Panama did not report on the implementation of paragraph 2 (b), thereby not complying 
with an obligatory reporting item. 

Article 53 - Panama did not report on measures for direct recovery of property, as prescribed by article 
53, thereby not complying with an obligatory reporting item, 

Article  55  -  Panama  did  not  report  on  the  implementation  of  article  55,  concerning  international 
cooperation for purposes of confiscation, thereby not complying with an obligatory reporting item. 

Article 57 - Panama did not report on the return and disposal of assets, thereby not complying with an 
obligatory reporting item. 

EN 

166 

EN 

 
  
 
 
 
14. 

PERU (PE) 

CONVENTION 

REPORTING STATUS 

RECOMMENDATIONS 

ILO 
CONVENTIONS 
ON 
CORE 
LABOUR RIGHTS:

1. Monitoring Body 

Latest recommendations by the monitoring body. 

2. Date of latest Report 

3. Web link 

-  Freedom  of 
and 
the 

87 
Association 
Protection  of 
Right to Organise 

1. CFA 

2. 2010 

3.http://www.ilo.org/gb/GBSessi
ons/lang--en/docName--
WCMS_146695/index.htm 

As  regards  the  dismissals,  threats  of  dismissal  and  other  acts  of  intimidation  following  the 
establishment of a trade union at Panamericana Televisión SA (now called Panam Contenidos SA), the 
CFA  requests  the  Government  to  keep  it  informed  of  the  outcome  of  the  judicial  proceedings 
concerning the dismissed workers. The Committee also requests the Government, if the dismissals 
in  question  are  proven  to  be  illegal,  to  take  the  necessary  measures  to  ensure  that  workers  who 
were  dismissed  and  redeployed  for  anti-union  reasons  are  reinstated  in  their  posts  and  paid  the 
wages  and  other  benefits  owed  to  them,  and  that  the  fines  for  such  violations  are  significantly 
increased so as to constitute sufficiently dissuasive sanctions. 

As regards the alleged refusal to grant union leave and the subsequent dismissal, as well as a number of 
legislative  provisions  which,  in  their  view,  violate  the  principles  of  freedom  of  association,  the  CFA 
suggests  that  the  Government  initiate  a  dialogue  with  the  most  representative  occupational 
organizations of the public sector on the possible establishment of consultation machinery with regard 
to  the  human  resources  policy.  The  Committee  requests  the  Government  to  keep  it  informed  on  the 
subject. 

98  -  Application  of 
the Principles of the 
Right  to  Organise 
and 
to  Bargain 
Collectively 

1. CFA 

2. 2010 

As  regards  alleged  non-compliance  with  the  collective  agreement  concluded  with  the  State  Health 
Service (ESSALUD), the CFA requests the Government to ensure that ESSALUD continues to deduct 
union dues from the members of SINESSS that have requested it. 

3.http://www.ilo.org/gb/GBSessi
ons/lang--en/docName--
WCMS_146695/index.htm 

EN 

167 

EN 

 
  
29 
-  Forced  or 
Compulsory Labour

1. CEACR 

2. 2009 

3.www.ilo.org/wcmsp5/groups/p
ublic/---.../wcms_103484.pdf 

The  Committee  notes  the  action  that  has  been  envisaged  in  the  National  Plan  and  hopes  that  the 
Government  will  provide  information  on  the  progress  achieved  in  relation  to:  the  formulation  and 
harmonization of the legislation to combat the issue of forced labour; the formulation of a draft text to 
regulate private employment agencies and systems for the training of the labour force, focusing on the 
prevention  of  forced  labour,  and  their  integration  into  the  mandate  of  the  labour  inspectorate;  the 
preparation of a study on the viability of establishing standards for work in specific economic activities 
in  which  there  are  indications  of  forced  labour;  providing  ex  officio  legal  defence  services  free  of 
charge for citizens who have been victims of forced labour, with the criminal prosecution of persons 
who have actively committed the crime of forced labour. 

The  Committee  hopes  that  the  Government  will  rapidly  take  the  necessary  measures  to  specifically 
criminalize  and  repress  practices  of  forced  labour  in  criminal  law.  In  the  meantime,  the  Committee 
requests  the  Government  to  provide  information  on  the  complaints  procedures  that  have  been 
established and, where appropriate, the complaints that have been made under the current provisions of 
the national legislation. 

The Committee hopes that each of the components of  the National Plan of Action to Combat Forced 
Labour will be implemented effectively and that the Government will be able to provide information in 
its next report on the progress made and the results achieved. 

- 

Equal 
100 
Remuneration 
of 
Men  and  Women 
Workers  for  Work 
of Equal Value 

105  -  Abolition  of 
Forced Labour 

111 - Discrimination 
of 
Respect 
in 
and 
Employment 

1. CEACR 

2. 2010 

The  Committee  asks  the  Government  to  provide  information  on  the  implementation  of  the  measures 
adopted particularly on the indicators and statistics and on any new measure adopted under the Law of 
Equality of Opportunity for Men and Women. The Government should also provide information on the 

EN 

168 

EN 

 
  
 
 
 
 
 
 
Occupation 

3.http://www.ilo.org/wcmsp5/gro
ups/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_123424.pdf 

138 - Minimum Age 
for  Admission 
to 
Employment 

-  Prohibition 
182 
Immediate 
and 
Action 
the 
for 
Elimination  of  the 
Worst  Forms 
of 
Child Labour 

1. CEACR 

2. 2010 

3.http://www.ilo.org/wcmsp5/gro
ups/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_123424.pdf 

participation of the social partners in the elaboration and implementation of these measures. 

The  Committee  requests  the  Government  to  take  the  necessary  measures  as  a  matter  of  urgency  to 
ensure that no young person under 18 years of age is engaged in hazardous types of work in mines, and 
particularly in artisanal mines. It further requests the Government to provide information on the effect 
given in practice to the national legislation governing hazardous types of work, including statistics on 
the number and nature of the violations reported, investigations undertaken, prosecutions, convictions 
and the penalties imposed. 

The Committee urges the Government to take immediate and effective measures to protect the children 
engaged in domestic work in families which live in rural and urban areas from the worst forms of child 
labour, and especially hazardous types of work, and to provide information on this matter. 

The  Committee  requests  the  Government  to  provide  information  on  the  impact  of  the  time-bound 
measures  adopted  in  the  context  of  the  implementation  of  the  National  Plan  for  the  Prevention  and 
Elimination  of  Child  Labour  with  a  view  to  preventing  children  from  being  employed  in  mines  and 
providing the necessary and appropriate direct assistance for the  removal of children from  this worst 
from of child labour. In particular, it requests the Government to indicate the number of children who 
are  prevented  in  practice  from  being  engaged  in  hazardous  types  of  work  in  mines  and  who  are 
removed from these types of work. Finally, the Committee asks the Government to provide information 
on the measures adopted to ensure the rehabilitation of these children. 

The Committee requests the Government to take immediate and effective time-bound measures in the 
context of the National Plan for the Prevention and Elimination of Child Labour (2005–10) with a view 
to protecting children engaged in domestic work from the worst forms of child labour, removing them 
and  providing  the  necessary  and  appropriate  direct  assistance  for  their  rehabilitation  and  social 
integration, particularly through the establishment of shelters provided with the necessary resources. 

EN 

169 

EN 

 
  
 
 
 
1. the Monitoring Body 

Latest recommendations by the monitoring body. 

2. Date of latest Report 

3. Web link 

1. CERD 

2. 3 September 2009 

The Committee noted with satisfaction the establishment of the National Institute for the Development 
of  the  Andean,  Amazonian  and  Afro-Peruvian  Peoples  (INDEPA)  2005  and  other  efforts  made  to 
combat racial discrimination in Peru. 

3. http://daccess-
ods.un.org/TMP/3643743.69382
858.html 

The  Committee  recommended  the  State  party  to  draw  up  a  comprehensive  national  policy  against 
racism and racial discrimination, to find out why the use of indigenous languages has declined, to adopt 
the bill on the consultation and participation of indigenous peoples in environmental matters, to achieve 
effective  protection  from  discrimination  against 
indigenous  peoples  and  Afro-Peruvian 
communities  in  various  domains,  in  particular,  employment,  housing,  health  and  education,  to 
implement effective measures that will reduce illiteracy among indigenous people and Afro-Peruvians, 
to guarantee the use and enjoyment of water by the residents of the community of Ancomarca and to 
provide compensation for the damage and harm suffered by this community. 

the 

UN 
CONVENTIONS 
ON 
CORE 
HUMAN RIGHTS: 

Convention  on  the 
Prevention 
and 
Punishment  of  the 
Crime of Genocide 

International 
Convention  on  the 
Elimination  of  All 
Forms  of  Racial 
Discrimination 

International 
Covenant  on  Civil 
and Political Rights 

International 
on 
Covenant 
Economic, 
Social 
and Cultural Rights 

EN 

170 

EN 

 
  
 
 
 
 
 
 
 
 
 
International 
Convention  on  the 
Suppression 
and 
Punishment  of  the 
Crime of Apartheid 

Convention  on  the 
Elimination  of  All 
of 
Forms 
Discrimination 
against Women 

Convention  against 
Torture  and  Other 
Cruel,  Inhuman  or 
Degrading 
Treatment 
Punishment 

or 

Convention  on  the 
Rights of the Child 

CONVENTIONS 
ON 
ENVIRONMENT 
AND 
GOVERNANCE 
PRINCIPLES : 

Montreal  Protocol 
on  Substances  that 
Deplete  the  Ozone 
Layer 

1. the Monitoring Body 

Latest recommendations by the monitoring body. 

2. Date of latest Report 

3. Web link 

1.Implementation Committee 

In 2010, no non-compliance issues reported by the Implementation Committee. 

2. 13 July 2010 

http://www.unep.ch/Ozone/Meeting_Documents/impcom/IMPCOM-44-5E.pdf 

3. http://ozone.unep.org/ 

EN 

171 

EN 

 
  
 
 
 
 
 
 
  
 
 
Basel  Convention 
on  the  Control  of 
Transboundary 
Movements 
of 
Hazardous  Wastes 
and Their Disposal 

Stockholm 
on 
Convention 
Persistent  Organic 
Pollutants 

1. Compliance Committee 

Complete reporting until 2004 but no reporting since. 

2. N/A 

Information on the status of national reporting in 2008 not yet published on the Basel website. 

National report not submitted, but National implementation plan submitted. 

All pledges have been paid. 

3.http://www.basel.int/legalmatte
rs/compcommitee/index.html 

1. No compliance committee 
established yet. Compliance 
assessed through the following: 

- national implementation plan 
required by Art.7 
http://chm.pops.int/Countries/Nat
ionalReports/FirstRoundofParty
Reports/tabid/254/language/en-
US/Default.aspx 

- contributions to the convention 
budget 
http://chm.pops.int/Countries/Co
ntributions/tabid/374/language/e
n-US/Default.aspx 

- 
CITES 
Convention 
on 
International  Trade 
Endangered 
in 
of  Wild 
Species 
Fauna and Flora 

1. Standing Committee 

2. 11 March 2010 

3.http://www.cites.org/common/c
om/SC/59/E59-11A.pdf 

Convention 
on 
Biological Diversity 

1. Compliance assessed through 
the following: 

Peru  has  yet  to  fully  comply  with  Article  VIII,  paragraph  7  of  CITES  which  requires  each  Party  to 
submit  a  biennial  report  on  legislative,  regulatory  and  administrative  measures  taken  to  enforce  the 
Convention (deadline for the submission being the 31st of October of the year following the year for 
which  the  report  was  due)  (2005-2006  missing,  but  2007-2008  received).  Annual  report  for  2009 
submitted.  

There are significant unpaid mandatory contributions to the CBD core budget. 

As of October 2010, the 4th National Report still has not been submitted. 

EN 

172 

EN 

 
  
 
- National Biodiversity Strategy 
and Action plan required by Art. 
6 

http://www.cbd.int/nbsap/ 

- national report required by Art. 
26 

http://www.cbd.int/countries/ 

to 

level  of  payments: 

Link 
http://www.cbd.int/convention/p
arties/contributions.shtml?tab=2 

Cartagena  Protocol 
on Biosafety 

1. Compliance Committee 

All reports submitted. 

2. 23 September 2010 

No non-compliance proceedings during this period. 

3.http://www.cbd.int/doc/meetin
gs/bs/bscc-07/official/bscc-07-
03-en.pdf 

All contributions have been paid. 

1. Compliance Committee 

No non-compliance proceedings were started against Peru. 

2. 8 October 2010  

3.http://unfccc.int/resource/docs/
2010/cmp6/eng/06.pdf 

1.INCB 

General: 

2. 24 February 2010 

The  Board  is  also  concerned  that  both  the  reported  total  area  under  coca  bush  cultivation  and  the 

Kyoto  Protocol  to 
the  United  Nations 
Framework 
Convention 
Climate Change 

on 

United 
Nations 
Single  Convention 
on Narcotic Drugs 

EN 

173 

EN 

 
  
Convention 
Psychotropic 
Substances 

on 

3.http://www.incb.org/incb/en/an
nual-report-2009.html 

potential cocaine manufacture have increased over the past few years in Peru. In 2008, the total area of 
illicitly cultivated coca bush eradicated in the country decreased compared with the previous year. The 
Board urges the Government of Peru to strengthen its eradication efforts and, in particular, to prevent 
the expansion of coca bush cultivation in the country. 

in 
Illicit  Traffic 
Narcotic  Drugs  and 
Psychotropic 
Substances 

Nations 
United 
Convention  against 
Corruption 

1.United  Nation  secretariat  – 
Report  on  Compliance  with  the 
United  Nations  Convention 
against Corruption 

2.  9  September  2009  (general 

Specific: 

In Peru, the area under illicit coca bush cultivation increased for the third consecutive year. The Board, 
concerned  about  the  continued  increase  in  the  total  area  under  illicit  coca  bush  cultivation  in  Peru, 
urges the Government to take appropriate measures to reverse the trend. The Board notes with concern 
that  from  1999  to  2008,  the  total  area  under  illicit  coca  bush  cultivation  in  the  country  gradually 
increased  by  17,400  ha,  or  45  per  cent.  The  Board  calls  on  the  Governments  of  Peru  to  enhance  its 
programmes  to  reduce  illicit  drug  supply  in  order  to  address  the  increasing  illicit  cultivation  of  coca 
bush in the country, which is apparently a result of drug traffickers’ attempts to offset the decline in the 
total area under coca bush cultivation in Colombia. 

The  Board  urges  the  Government  of  Peru,  in  spite  of  perceived  difficulties  in  combating  illicit 
manufacture  of and trafficking in cocaine, not to reduce its efforts in those  areas  and to address in a 
decisive  manner  the  increasing  illicit  cultivation  of  coca  bush  on  its  territory.  At  the  same  time,  the 
Board  believes  that  measures  to  provide  legitimate  and  sustainable  alternative  livelihoods, 
accompanied  by  continued  law  enforcement  efforts  to  prevent  the  re-emergence  of  illicit  crop 
cultivation, are essential to achieving a lasting reduction in the production of coca and other narcotic 
drugs in South America. 

The  Board  calls  on  the  Governments  of  countries  in  the  Americas  and  the  regional  members  of  the 
Project Cohesion Task Force to devise strategies to address the smuggling of potassium permanganate 
into the cocaine-manufacturing areas of South America. 

Articles that need further work for full compliance (as indicated in the self-assessment report) 

Peru provided an update: 

Article 5 – partial compliance. 

Article 6 – Peru reported partial compliance with the article under review and stated that its National 

EN 

174 

EN 

 
  
 
distribution) 

3.http://www.unodc.org/docume
nts/treaties/UNCAC/COSP/sessi
on3/V0986236e.pdf 

Anti-Corruption  Office,  which  had  replaced  the  National  Anti-Corruption  Council,  was  tasked  with 
preventing corruption.  

Article 9 – partial compliance. 

Article 53 – no compliance. 

Article 54 - Peru reported full compliance with the article under review, with the exception of measures 
allowing for the freezing or seizure of property upon a foreign request providing a reasonable basis to 
believe  that  there  are  sufficient  grounds  for  taking  such  actions  (para.  2  (b))  and  the  preservation  of 
property  for  confiscation  (non-mandatory  provision,  para.  2  (c)),  which  it  reported  not  having 
implemented. 

Article  55  -  Peru  provided  an  update  to  its  previous  submission  and  reported  full  implementation  of 
measures on the submission of a request for order of confiscation to competent authorities, as set forth 
in paragraph 1, and partial implementation of paragraphs 2 and 3. 

Article 57 - Peru also updated its previous submission and reported partial compliance with the article 
under review, with the exception of paragraph 1, on the disposal of confiscated property, in respect of 
which it reported full implementation. 

EN 

175 

EN 

 
  
 
15. 

PARAGUAY (PY) 

CONVENTION 

REPORTING STATUS 

RECOMMENDATIONS 

ILO 
CONVENTIONS 
ON 
CORE 
LABOUR RIGHTS:

-  Freedom  of 
and 
the 

87 
Association 
Protection  of 
Right to Organise 

98  -  Application  of 
the Principles of the 
Right  to  Organise 
and 
to  Bargain 
Collectively 

1. Monitoring Body 

Latest recommendations by the monitoring body. 

2. Date of latest Report 

3. Web link 

1. CEACR and CFA 

2. 2010 

3.http://www.ilo.org/wcmsp5/gro
ups/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_123424.pdf 

http://www.ilo.org/wcmsp5/grou
ps/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_124972.pdf 

1. CEACR and CFA 

2. 2010 

3.http://www.ilo.org/wcmsp5/gro
ups/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_123424.pdf 

The Committee asks the Government to take the necessary steps, in accordance with the Constitution 
and  in  order  to  avoid  all  confusion,  expressly  to  repeal  sections  284–320  of  the  Code  of  Labour 
Procedure regarding the referral of collective disputes to compulsory arbitration. 

The Committee hopes that in the near future it will be able to note progress in the legislation and asks 
the Government to provide information on any developments in this respect in its next report. Lastly, 
noting that the Government has requested technical assistance from the Office in addressing the matter 
of the abovementioned legislative amendments within the National Congress, the Committee expresses 
the hope that this will be forthcoming in the near future. 

The  CEACR  requests  the  Government  to  take  the  necessary  measures  to  establish  in  the  legislation 
adequate  protection  against  acts  of  anti-union  discrimination  against  public  servants  and  public 
employees, including those who are not trade union leaders, and also sufficiently dissuasive sanctions 
for those who commit violations. 

The CEACR hopes that it will be able to note progress at the legislative level (particularly in relation to 
the forthcoming reform of the Labour Code) in the near future and requests the Government to provide 
information in its next report on any developments in this respect. 

http://www.ilo.org/wcmsp5/grou

As regards the alleged anti-union dismissals and transfers, the CFA deeply regrets that the Government 

EN 

176 

EN 

 
  
ps/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_124972.pdf 

29 
-  Forced  or 
Compulsory Labour

1. CEACR 

2. 2010 

3.http://www.ilo.org/wcmsp5/gro
ups/public/---ed_norm/---
relconf/documents/meetingdocu
ment/wcms_123424.pdf 

has  not  provided  the  information  requested  or  adopted  the  measures  requested,  and  requests  the 
Government  to  actively  cooperate  in  the  procedure  in  the  future.  The  Committee  again  urges  the 
Government to take the necessary measures to initiate without delay an investigation into the alleged 
dismissals of the other two trade union officials, the transfer of SOECAPASA general secretary, and 
the  mass  transfer  of  workers  following  peaceful  demonstrations  held  in  order  to  inform  the  general 
public  of  the  company’s  situation.  It  also  requests  the  Government,  in  consultation  with  the  social 
partners,  to  ensure  effective  national  procedures  for  the  prevention  or  sanctioning  of  anti-union 
discrimination. 

The Committee again urges the Government to keep it informed with regard to the investigation carried 
out  following  the  complaint  lodged  with  the  national  police  concerning  the  assault  against  a  female 
worker. 

The Committee hopes that the Government will provide information about the mandate and functioning 
of the Office of Teniente Irala Fernández (Chaco), and the mechanisms foreseen for reporting cases of 
forced  labour  (procedures,  competent  authorities,  judicial  assistance).  Given  the  principal  role  in  the 
fight against forced labour played by the inspection services, the Committee hopes that the Government 
will provide information about the activities of these services and the measures taken to reinforce them.  

The Committee further hopes that the Government will provide information about the number of cases 
in which the inspection services have detected infringements of sections 47, 176, and 231 of the Labour 
Code and refers it to the comments  made on the application of the Protection of Wages Convention, 
1949 (No. 95), and the Indigenous and Tribal Peoples Convention, 1989 (No. 169). 

The  Committee  requests  the  Government  to  communicate  information  about  the  measures  taken  or 
envisaged to ensure the application of Article 25 of the Convention (Penalties for the exaction of forced 
labour),  including  information  about  provisions  of  national  legislation  which  prescribe  penalties  to 
those responsible for the exaction of forced labour and copies of relevant judgements. 

The Committee hopes that in its next report the Government will be able to indicate that the national 
legislation has been brought into conformity with the Convention, and that it will communicate a copy 
of the Code on the Execution of Sentences once it has been adopted. 

EN 

177 

EN 

 
  
 
 
 
- 

Equal 
100 
Remuneration 
of 
Men  and  Women 
Workers  for  Work 
of Equal Value 

105  -  Abolition  of 
Forced Labour 

111 - Discrimination 
in 
of 
Respect 
Employment 
and 
Occupation 

138 - Minimum Age 
for  Admission 
to 
Employment 

182 
-  Prohibition 
and 
Immediate 
the 
Action 
for 
Elimination  of  the 
Worst  Forms 
of 
Child Labour 

UN 
CONVENTIONS 
ON 
CORE 
HUMAN RIGHTS: 

Convention  on  the 
and 
Prevention 
Punishment  of  the 

1. the Monitoring Body 

Latest recommendations by the monitoring body. 

2. Date of latest Report 

3. Web link 

EN 

178 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
Crime of Genocide 

International 
Convention  on  the 
Elimination  of  All 
Forms  of  Racial 
Discrimination 

International 
Covenant  on  Civil 
and Political Rights 

International 
on 
Covenant 
Economic, 
Social 
and Cultural Rights 

International 
Convention  on  the 
Suppression 
and 
Punishment  of  the 
Crime of Apartheid 

Convention  on  the 
Elimination  of  All 
Forms 
of 
Discrimination 
against Women 

Convention  against 
Torture  and  Other 
Cruel,  Inhuman  or 
Degrading 
Treatment 

or 

EN 

179 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
  
Punishment 

Convention  on  the 
Rights of the Child 

1. CRC 

2. 29 January 2010 

3.http://www2.ohchr.org/english/
bodies/crc/docs/CRC-C-PRY-
CO-3.pdf 

The  Committee  welcomed  a  number  of  positive  developments  in  the  reporting  period,  including  the 
adoption of legislative measures taken with a view to implement the Convention. 

The  Committee  recommended  that  the  State  party  continue  to  harmonise  its  legislation  with  the 
principles of the Convention and strengthen the implementation of domestic legislation, to strengthen 
the  role  of  the  National  Council  for  Childhood  and  Adolescence,  to  ensure  effective  participation  of 
children in the implementation, monitoring and evaluation of the National Plan of Action for Children 
and Adolescents, to utilize a child right’s approach in the elaboration of the State budget, to translate 
informative  material  into  Guarani  and  the  main  indigenous  languages,  to  set  the  minimum  age  for 
marriage for  girls and for boys at 18, to prevent and eliminate  any discrimination against indigenous 
children, children living in poverty, girls, children in street situations and children with disabilities, to 
ensure  that  the  best  interests  of  the  child  is  operational  in  all  legal  provisions  and  administrative 
decisions,  to  carry  out  investigations  on  alleged  cases  of  torture  and  arbitrary  detentions  committed 
against  children,  to  ensure  children  the  right  to  be  heard,  to  ensure  registration  of  all  children,  to 
investigate and prosecute all cases of torture and ill-treatment of children, to promote a culture of non-
violence,  to  expressly  prohibit  corporal  punishment  by  law,  to  support  and  strengthen  families,  to 
support victims of abuse and neglect, to prevent, eradicate and punish the abuse of children, to extend 
free  medical  care  to  all  children,  to  prevent  teenage  pregnancies,  sexually  transmitted  diseases  and 
abuse of drug, tobacco and alcohol abuse, to develop a nutrition surveillance system, to provide care 
and support for children infected or affected by HIV/AIDS, to prevent children under the minimum age 
from  working  in  all  sectors,  to  address  the  issue  of  street  children  in  cooperation  with  the  children 
themselves,  to  investigate  and  prosecute  all  cases  of  trafficking  of  children  and  to  ensure  that  all 
children witnesses of crimes have effective access to justice protection. 

CONVENTIONS 
ON 
ENVIRONMENT 
AND 
GOVERNANCE 
PRINCIPLES : 

Montreal  Protocol 
on  Substances  that 

EN 

1. the Monitoring Body 

Latest recommendations by the monitoring body. 

2. Date of latest Report 

3. Web link 

1.Implementation Committee 

 In Decision XIX/22 of the parties regarding Paraguay a new compliance issue was subject to review - 

180 

EN 

 
  
 
 
Deplete  the  Ozone 
Layer 

2. 13 July 2010 

3. http://ozone.unep.org/ 

CFC and carbon tetrachloride consumption reduction commitments. 

Paraguay had committed itself, as recorded in decision XIX/22, to reducing its consumption of Annex 
A, group I, controlled substances (CFCs) to no greater than 31.6 ODP-tonnes and its consumption of 
the Annex B, group II, controlled substance (carbon tetrachloride) to no greater than 0.1 ODP-tonnes in 
2009. 

Status of compliance issue: by the time of the 44th meeting of the Implementation Committee in June 
2010, Paraguay had not yet reported its ozone-depleting substance data for 2009. Implementation of its 
commitments contained in decision XIX/22 therefore could not be confirmed. 

http://www.unep.ch/Ozone/Meeting_Documents/impcom/IMPCOM-44-5E.pdf 

Basel  Convention 
on  the  Control  of 
Transboundary 
of 
Movements 
Hazardous  Wastes 
and Their Disposal 

Stockholm 
Convention 
on 
Persistent  Organic 
Pollutants 

1. Compliance Committee 

Only partial reporting until 2006 and no reporting (yet) for 2007. 

2. N/A 

Information on the status of national reporting in 2008 not yet published on the Basel website. 

3.http://www.basel.int/legalmatte
rs/compcommitee/index.html 

1. No compliance committee 
established yet. Compliance 
assessed through the following: 

- national implementation plan 
required by Art.7 

http://chm.pops.int/Countries/Nat
ionalImplementation/tabid/253/la
nguage/en-US/Default.aspx 

- national report required by Art. 
15 

National report is not submitted, but the National Implementation plan has been submitted on 21 June 
2010. 

The  second  reporting  cycle  has  just  been  initiated.  The  reports  received  from  the  Parties  will  be 
published once the submissions are completed. According to decision SC-4/30, the deadline for report 
submissions is 31 October 2010. 

Outstanding pledges still have to be paid for. 

EN 

181 

EN 

 
  
 
 
 
 
http://chm.pops.int/Countries/Nat
ionalReports/FirstRoundofParty
Reports/tabid/254/language/en-
US/Default.aspx 

- contributions to the convention 
budget 
http://chm.pops.int/Countries/Co
ntributions/tabid/374/language/e
n-US/Default.aspx 

- 
CITES 
on 
Convention 
International  Trade 
Endangered 
in 
Species 
of  Wild 
Fauna and Flora 

1. Standing Committee 

2. 11 March 2010 

3.http://www.cites.org/common/c
om/SC/59/E59-11A.pdf 

Implementing legislation is under review by the CITES Secretariat and is not yet believed to fully meet 
all the requirements for the implementation of CITES (category 2). 

Paraguay  has  yet  to  comply  with  Article  VIII,  paragraph  7  of  CITES  which  requires  each  Party  to 
submit  a  biennial  report  on  legislative,  regulatory  and  administrative  measures  taken  to  enforce  the 
Convention (deadline for the submission being the 31st of October of the year following the year for 
which the report was due) (2003-2004 received) as well as to submit the annual reports on its CITES 
trade,  containing  a  summary  of  information  on,  inter  alia,  the  number  and  type  of  permits  and 
certificates granted (received until 2007 (except 2004)). 

Convention 
on 
Biological Diversity 

1. Compliance assessed through 
the following: 

There are significant unpaid mandatory contributions to the CBD core budget. 

1st, 3rd and 4th National Reports not submitted. 

- National Biodiversity Strategy 
and Action plan required by Art. 
6 

http://www.cbd.int/nbsap/ 

- national report required by Art. 
26 

http://www.cbd.int/countries/ 

EN 

182 

EN 

 
  
 
 
to 

level  of  payments: 

Link 
http://www.cbd.int/convention/p
arties/contributions.shtml?tab=2 

Cartagena  Protocol 
on Biosafety 

1. Compliance Committee 

1st National implementation report not submitted, neither the Interim Report. 

2. 23 September 2010 

Some outstanding contributions. 

3.http://www.cbd.int/doc/meetin
gs/bs/bscc-07/official/bscc-07-
03-en.pdf 

Kyoto  Protocol  to 
the  United  Nations 
Framework 
Convention 
Climate Change 

on 

United 
Nations 
Single  Convention 
on Narcotic Drugs 

1. Compliance Committee 

No non-compliance proceedings against Paraguay.  

2. 8 October 2010  

3.http://unfccc.int/resource/docs/
2010/cmp6/eng/06.pdf 

1.INCB 

No specific recommendations. 

2. 24 February 2010 

Convention 
Psychotropic 
Substances 

on 

3.http://www.incb.org/incb/en/an
nual-report-2009.html 

Illicit  Traffic 
in 
Narcotic  Drugs  and 
Psychotropic 
Substances 

EN 

183 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
Paraguay is not mentioned in the report – no specific recommendations. 

Nations 
United 
Convention  against 
Corruption 

1.United  Nation  secretariat  – 
Report  on  Compliance  with  the 
United  Nations  Convention 
against Corruption 

2.  9  September  2009  (general 
distribution) 

3.http://www.unodc.org/docume
nts/treaties/UNCAC/COSP/sessi
on3/V0986236e.pdf 

EN 

184 

EN 

 
  
 
 
16. 

EL SALVADOR (SV) 

CONVENTION 

REPORTING STATUS 

RECOMMENDATIONS 

ILO 
CONVENTIONS 
ON 
CORE 
LABOUR RIGHTS:

-  Freedom  of 
and 
the 

87 
Association 
Protection  of 
Right to Organise 

98  -  Application  of 
the Principles of the 
Right  to  Organise 
and 
to  Bargain 
Collectively 

1. Monitoring Body 

Latest recommendations by the monitoring body. 

2. Date of latest Report 

3. Web link 

1. CFA 

2. 2010 

With  regard  to  the  refusal  to  register  the  executive  committee  of  the  SUTC,  thus  hindering  the 
exercise of the right to collective bargaining, the Committee requests the Government to provide a 
copy of the ruling handed down and firmly expects that it will be handed down in the near future.  

3.http://www.ilo.org/gb/GBSessi
ons/lang--en/docName--
WCMS_146695/index.htm 

With  regard  to  the  obstacles  to  negotiating  a  new  collective  agreement,  the  Committee  requests  the 
Government  to  respect  the  principle  of  collective  bargaining  and  to  continue  negotiations  with  the 
newly  elected  committee  at  least  until  the  Administrative  Court  of  the  Supreme  Court  of  Justice  has 
handed down a decision regarding the validity of these trade union elections. The Committee requests 
the Government to keep it informed in this respect. 

29 
-  Forced  or 
Compulsory Labour 

1. CEACR 

2. 2009 

The Committee hopes that the Government will continue to inform about sanctions imposed on those 
responsible for the crime of trafficking in persons. 

3.www.ilo.org/wcmsp5/groups/p
ublic/---.../wcms_103484.pdf 

The  Committee  hopes  that  the  Government  will  provide  information  about  the  actions  undertaken  in 
the  different  areas  of  the  Strategic  Plan,  namely  the  legal  framework,  caring  for  victims,  prevention, 
communication and sensitization. 

EN 

185 

EN 

 
  
 
 
 
 
- 

Equal 
100 
Remuneration 
of 
Men  and  Women 
Workers  for  Work 
of Equal Value 

105  -  Abolition  of 
Forced Labour 

111 - Discrimination 
in 
of 
Respect 
Employment 
and 
Occupation 

1. CEACR 

2. 2009 

3.www.ilo.org/wcmsp5/groups/p
ublic/---.../wcms_103484.pdf 

138 - Minimum Age 
for  Admission 
to 
Employment 

1. CEACR 

2. 2009 

3.www.ilo.org/wcmsp5/groups/p

The Committee requests the Government to continue supplying information on inspections undertaken 
by  the  Special  Unit  for  Gender  Issues  and  the  Prevention  of  Discrimination  in  Employment  and  the 
results  thereof,  particularly  in  the  export  processing  zones.  The  Committee  also  requests  the 
Government  to  supply  detailed  information  on  other  measures  adopted  or  contemplated  for 
strengthening  the  protection  of  women  workers  and  preventing  discrimination  in  the  maquila  sector 
[export processing zones], including information on the implementation and results of the “Programme 
for  the  comprehensive  development  of  women  workers  in  the  maquila  sector”  mentioned  by  the 
Government in its report. 

The  Committee  requests  the  Government  to  take  appropriate  measures  to  promote  and  apply  the 
principle of equality of opportunity and treatment in respect of employment and occupation for women 
and men working in the public sector, particularly measures for promoting access to managerial posts 
for women, and to provide information on any developments in this regard. 

The  Committee  requests  the  Government  to  supply  detailed  information  on  the  manner  in  which  the 
indigenous communities involved have participated in the land transfer programmes conducted by the 
Salvadorian  Institute  of  Agrarian  Reform  (ISTA).  The  Committee  also  requests  the  Government  to 
supply information on any measure adopted or contemplated, with a view to making progress towards 
effective equality for indigenous peoples in the area of employment and occupation. 

The Committee strongly encourages the Government to pursue its efforts to improve the situation and 
requests  it  to  provide  information  on  the  measures  adopted,  in  the  context  of  the  implementation  of 
Phase  II  of  the  Time-bound  Programme  (TBP),  the  ILO–IPEC  project  for  the  elimination  of  child 
labour in Latin America and the Decent Work Country Programme, for the abolition of child labour in 
practice.  It  asks  the  Government  to  provide  information  on  the  results  achieved.  Furthermore,  the 

EN 

186 

EN 

 
  
 
 
 
 
 
ublic/---.../wcms_103484.pdf 

Committee invites it to continue providing detailed information on the manner in which the Convention 
is applied in practice including, for example, statistical data disaggregated by sex on the nature, extent 
and scope of work by children and young persons under the minimum age specified by the Government 
when ratifying the Convention and extracts from the reports of the inspection services. 

Considering that compulsory education is one of the most effective means of combating child labour, 
the Committee strongly requests the Government to redouble its efforts to improve the operation of the 
education  system  in  the  country  and  to  take  measures  to  allow  children  to  attend  compulsory  basic 
education  or  to  join  an  informal  school  system.  In  this  respect,  it  asks  the  Government  to  continue 
providing information on the measures adopted in the context of Plan 2021 to increase the enrolment 
rate,  particularly  for  secondary  education,  so  as  to  prevent  children  under  14  years  of  age  from 
working. The Committee asks the Government to provide information on the results achieved. 

-  Prohibition 
182 
Immediate 
and 
Action 
the 
for 
Elimination  of  the 
Worst  Forms 
of 
Child Labour 

1. CEACR 

2. 2009 

3.www.ilo.org/wcmsp5/groups/p
ublic/---.../wcms_103484.pdf 

The  Committee  strongly  encourages  the  Government  to  continue  its  efforts  to  ensure  in  practice  the 
protection  of  children  under  18  years  of  age  against  sale  and  trafficking  for  sexual  exploitation.  It 
requests the Government to continue providing information on the application of the new provisions of 
the Penal Code in practice. In particular, in view of the information to the effect that persons have been 
prosecuted  under  these  new  provisions,  the  Committee  requests  the  Government  to  supply  copies  of 
any court decisions issued under these provisions in its next report. Finally, it requests the Government 
to supply a copy of the Act on migration and the status of foreigners once it has been adopted. 

The Committee requests the Government to supply information on the implementation of the national 
plan against trafficking of persons adopted in 2008, particularly by indicating the programmes of action 
to be adopted as part of this plan to eliminate the sale and trafficking of children under 18 years of age 
for sexual exploitation. It also requests the Government to send a copy of the plan to the Office.  

The Committee strongly encourages the Government to continue its efforts and requests it to provide 
information on the time-bound measures taken as part of the implementation of phase II of the Time-
bound Programme (TBP) and the “Strategic plan on commercial sexual exploitation (2006–09)” to: (a) 
prevent  children  from  becoming  victims  of  commercial sexual  exploitation  or  trafficking  to  this  end; 
and (b) provide necessary and appropriate direct aid to remove children from these worst forms of child 
labour. It requests the Government to provide information on the results achieved. The Committee also 
requests the Government to provide information on the reception centres established by the Institute for 
the Development of Children and Young Persons (ISNA) and the Centre for the Immediate Protection 
of Children (CIPI), particularly regarding the measures taken in the context of these centres to ensure 

EN 

187 

EN 

 
  
 
 
the  rehabilitation  and  social  integration  of  child  victims  of  commercial  sexual  exploitation  or 
trafficking to this end. 

Noting once again that children employed in domestic work are often the victims of exploitation, which 
occurs  in  a  wide  variety  of  forms,  the  Committee  urges  the  Government  to  take  effective  and  time-
bound  measures  to  protect  these  children  from  the  worst  forms  of  child  labour.  It  also  requests  the 
Government to supply information on the results achieved in this respect. 

The Committee strongly encourages the Government to continue its efforts and requests it to provide 
information  on  the  measures  taken  as  part  of  the  implementation  of  the  “Solidarity  network” 
programme,  particularly  as  regards  the  effective  reduction  of  poverty  among  child  victims  of 
commercial sexual exploitation or of trafficking to this end. 

1. Monitoring Body 

Latest recommendations by the monitoring body. 

2. Date of latest Report 

3. Web link 

UN 
CONVENTIONS 
ON CORE HUMAN 
RIGHTS: 

Convention  on  the 
and 
Prevention 
Punishment  of  the 
Crime of Genocide 

International 
Convention  on  the 
Elimination  of  All 
Forms  of  Racial 
Discrimination 

International 
Covenant  on  Civil 
and Political Rights 

EN 

188 

EN 

 
  
 
 
 
 
 
  
 
 
International 
on 
Covenant 
Economic, 
Social 
and Cultural Rights 

International 
Convention  on  the 
Suppression 
and 
Punishment  of  the 
Crime of Apartheid 

Convention  on  the 
Elimination  of  All 
Forms 
of 
Discrimination 
against Women 

Convention  against 
Torture  and  Other 
Cruel,  Inhuman  or 

EN 

1. CEDAW 

2. 7 November 2008 

3. http://daccess-dds-
ny.un.org/doc/UNDOC/GEN/N0
8/603/10/PDF/N0860310.pdf?Op
enElement 

The  Committee  welcomed  the  adoption  of  the  New  National  Policy  on  Women  (2005-2009)  and  the 
efforts to implement the Convention through the comprehensive ongoing legislative reform. 

The  Committee  recommended  the  State  party  to  take  special  measures,  including  legal  literacy 
programmes  to  enhance  women’s  awareness  of  their  rights,  to  coordinate  and  monitor  actions  at  the 
national and local levels for the advancement of women and the promotion of gender equality, to aim at 
modifying stereotypical attitudes about the responsibilities and roles of women and men in the family, 
the  workplace  and  in  society,  to  eliminate  sexist  stereotypes,  to  address  violence  against  women  and 
girls, to take measures to modify social and cultural attitudes which are the root causes of most forms 
of violence targeting women, to combat all forms of trafficking in women and girls and ensure that the 
victims receive adequate support to testify without fear against their traffickers, to encourage the equal 
participation of women and men in electoral lists and increase the representation of women in all areas 
of political and public life, to reduce the illiteracy rate of women and provide education to all women 
and  girls,  especially  in  rural  areas,  to  address  women’s  disadvantaged  situation  in  the  labour  market 
and close the wage gap between women and men through the work of the Special Unit on gender and 
prevention of discrimination, to ensure that all children, especially girls, have access to basic education, 
health  care  and  the  protection  of  the  minimum  labour  standards,  to  reinforce  programmes  on  sex 
education  for  both  girls  and  boys  in  order  to  foster  responsible  sexual  behaviour  and  to  address  the 
power differential between women and men related to HIV/AIDS. 

1. CAT 

The Committee noted with satisfaction that the State party has eliminated the death penalty. 

2. 9 December 2009 

The State party should take the necessary steps to ensure that all acts of torture are considered offences 

189 

EN 

 
  
 
 
 
 
 
Degrading 
Treatment 
Punishment 

or 

3.http://www2.ohchr.org/english/
bodies/cat/docs/CAT.C.SLV.CO.
2_en.doc 

in its domestic penal legislation, to set up an independent body to monitor the behaviour of the police 
forces,  to  support  the  National  Civil  Police  and  cancel  programmes  which  authorize  the  army  to 
intervene in law enforcement activities concerning ordinary crime, to ensure progress in the search for 
missing  persons,  the  establishment  of a  programme  of  full  redress  and  compensation  for victims  and 
their families and the prevention of further cases of enforced or involuntary disappearance, to guarantee 
that investigations of cases of torture and other cruel, inhuman or degrading treatment are carried out 
thoroughly, promptly and impartially, to take prompt steps to implement the recommendations of the 
Truth  Commission  and  to  construct  a  national  monument  bearing  the  names  of  all  the  victims,  to 
reduce overcrowding in prisons, in particular through the application of alternatives to imprisonment, 
Promptly,  impartially  and  thoroughly  investigate  all  allegations  of  ill-treatment  of  child  prisoners,  to 
prevent and combat violence against women and girls, including sexual abuse, domestic violence and 
femicide, to establish mechanisms of international, regional and bilateral cooperation with the countries 
of origin, transit and destination in order to prevent, investigate and punish cases of human trafficking 
and to combat harassment and death threats aimed at human rights defenders and prevent any further 
violence against them. 

Convention  on  the 
Rights of the Child 

1. CRC 

The  Committee  welcomed  a  number  of  positive  developments  in  the  reporting  period,  including  the 
adoption of legislative and other measures taken with a view to implementing the Convention. 

2. 17 February 2010 

3. http://daccess-dds-
ny.un.org/doc/UNDOC/GEN/G1
0/406/86/PDF/G1040686.pdf?Op
enElement 

The Committee recommended the State party to strengthen the national system of integral protection, 
including the departmental and municipal committees (juntas), to evaluate the current National Plan of 
Action  for  Children,  to  protect  children’s  budget  from  any  shock,  such  as  economic  crisis,  natural 
disasters or other emergencies, to develop a more effective, inclusive and systematic cooperation with 
civil society, particularly with children’s organizations, to strengthen its awareness-raising campaigns 
and  ensure  that  they  reach  the  rural  areas,  to  encourage  the  media  to  provide  better  coverage  while 
respecting  the  rights  of  the  child,  to  set  the  minimum  age  for  marriage  for  both  girls  and  boys  at  18 
years,  to  ensuring  equal  access  to  education  and  health-care  facilities,  to  carry  out  a  thorough 
investigation of all killings of children and prosecute the perpetrators, to develop an efficient and free 
birth registration system for all children and make the civil registration system more accessible for all, 
to  thoroughly  investigate  the  disappearance  of  children  during  the  conflict,  to  prevent  children  from 
being  subjected  to  any  cruel  treatment,  to  establish  support  programmes  at  local  level  for  families 
affected by migration, to ensure that children are not separated from their families only due to poverty, 
to tackle the problems of domestic violence and child abuse and neglect, to ensure that all victims of 
violence have access to counselling and assistance, to expressly prohibit corporal punishment by law in 
all  settings,  to  protect  and  promote  the  rights  of  children  with  disabilities,  to  eradicate  child 

EN 

190 

EN 

 
  
 
 
malnutrition and anaemia, to continue to enhance quality education related to sexual and reproductive 
health as a fundamental tool to prevent HIV/AIDS, to provide families with better availability of free 
care  centres  to  look  after  their  children,  to  prevent  irregular  migration  of  unaccompanied  children 
outside their country of origin, to prohibit by law the recruitment of children under 15 years into armed 
forces, to combat economic exploitation of children, including as domestic workers, to prevent children 
from living and working in the street, to take all possible measures and to prevent and address forced 
recruitment of children by the “maras” (youth gangs). 

CONVENTIONS 
ON 
ENVIRONMENT 
AND 
GOVERNANCE 
PRINCIPLES : 

Montreal  Protocol 
on  Substances  that 
Deplete  the  Ozone 
Layer 

Basel Convention on 
the  Control 
of 
Transboundary 
of 
Movements 
Hazardous  Wastes 
and Their Disposal 

1. Monitoring Body 

Latest recommendations by the monitoring body. 

2. Date of latest Report 

3. Web link 

1.Implementation Committee 

In 2010, no non-compliance issues reported by the Implementation Committee. 

2. 13 July 2010 

http://www.unep.ch/Ozone/Meeting_Documents/impcom/IMPCOM-44-5E.pdf 

3. http://ozone.unep.org/  

1. Compliance Committee 

Reporting until 2006 is only partial and the latest report for 2007 has not been submitted. 

2. N/A 

Information on the status of national reporting in 2008 not yet published on the Basel website. 

3.http://www.basel.int/legalmatte
rs/compcommitee/index.html 

Stockholm 
Convention 
on 
Persistent  Organic 
Pollutants 

1. No compliance committee 
established yet. Compliance 
assessed through the following: 

- national implementation plan 

National  report  not  submitted.  National  Implementation  plan  was  due  on  25  August  2010,  but  as  of 
October 2010 – the transmission is still pending. 

The  second  reporting  cycle  has  just  been  initiated.  The  reports  received  from  the  Parties  will  be 
published once the submissions are completed. According to decision SC-4/30, the deadline for report 

EN 

191 

EN 

 
  
 
required by Art.7 

submissions is 31 October 2010. 

Pledges for 2009 and 2010 not yet paid. 

http://chm.pops.int/Countries/Nat
ionalImplementation/tabid/253/la
nguage/en-US/Default.aspx 

- national report required by Art. 
15 
http://chm.pops.int/Countries/Nat
ionalReports/FirstRoundofParty
Reports/tabid/254/language/en-
US/Default.aspx 

-  contributions  to  the  convention 
budget 
http://chm.pops.int/Countries/Co
ntributions/tabid/374/language/e
n-US/Default.aspx 

CITES - Convention 
International 
on 
Trade 
in 
Endangered  Species 
of  Wild  Fauna  and 
Flora 

1. Standing Committee 

2. 11 March 2010 

3.http://www.cites.org/common/c
om/SC/59/E59-11A.pdf 

The  Standing  Committee  identified  Bolivia,  El  Salvador  and  the  United  Republic  of  Tanzania  as 
countries requiring attention as a priority under the National Legislation Project.  

http://www.cites.org/eng/com/SC/57/E57-SumRec.pdf 

El Salvador has yet to comply with Article VIII, paragraph 7 of CITES which requires each Party to 
submit  a  biennial  report  on  legislative,  regulatory  and  administrative  measures  taken  to  enforce  the 
Convention (deadline for the submission being the 31st of October of the year following the year for 
which the report was due). 

Biennial Reports for 2005-2006 and 2007-2008 are not (yet) submitted. . 

Annual reports from 2005 to 2009 submitted, except for 2008.  

EN 

192 

EN 

 
  
 
on 
Convention 
Biological Diversity 

1. Compliance assessed through 
the following: 

There are significant unpaid mandatory contributions to the CBD core budget. 

Fourth national report not submitted. 

- National Biodiversity Strategy 
and Action plan required by Art. 
6 

http://www.cbd.int/nbsap/ 

- national report required by Art. 
26 

http://www.cbd.int/countries/ 

to 

level  of  payments: 

Link 
http://www.cbd.int/convention/p
arties/contributions.shtml?tab=2 

Cartagena  Protocol 
on Biosafety 

1. Compliance Committee 

First Regular National Report (2007) and Interim National Report (2005) have not been submitted. 

2. 23 September 2010 

Some outstanding contributions. 

3.http://www.cbd.int/doc/meetin
gs/bs/bscc-07/official/bscc-07-
03-en.pdf 

Kyoto  Protocol  to 
the  United  Nations 
Framework 
Convention 
Climate Change 

on 

1. Compliance Committee 

No non-compliance proceeding has been started against El Salvador. 

2. 8 October 2010  

3.http://unfccc.int/resource/docs/
2010/cmp6/eng/06.pdf 

EN 

193 

EN 

 
  
 
Nations 
United 
Single  Convention 
on Narcotic Drugs 

1.INCB 

2. 24 February 2010 

Convention 
Psychotropic 
Substances 

on 

3.http://www.incb.org/incb/en/an
nual-report-2009.html 

Drug trafficking by sea remains a major problem in countries in Central America and the Caribbean. In 
El  Salvador,  for  example,  85  per  cent  of  the  trafficked  cocaine  is  transported  along  sea  routes. 
Furthermore,  light  aircraft,  operating  from  clandestine  airstrips  and  landing  in  remote  areas,  are 
increasingly being used to transport cocaine. Drug traffickers are increasingly using stolen or falsified 
aircraft  registration  numbers  when  transporting  illicit  consignments  by  air.  The  Board  encourages 
Governments to monitor the sale and movement of light aircraft more closely, step up airspace security 
and strengthen control of privately owned landing fields. 

A ministerial meeting was held in Managua in June 2009 under the auspices of the Central American 
Integration System (SICA) and UNODC. Ministers from Belize, the Dominican Republic, El Salvador, 
Guatemala, Honduras, Mexico, Nicaragua and Panama declared their strong commitment to the fight 
against  drug  trafficking,  organized  crime  and  terrorism  and  the  financing  of  such  crime…The  Board 
hopes  that  the  political  declaration  will  translate  into  effective  regional  cooperation  in  combating 
organized crime and drug trafficking. 

El Salvador is not mentioned in the report – no specific recommendations. 

in 
Illicit  Traffic 
Narcotic  Drugs  and 
Psychotropic 
Substances 

United 
Nations 
Convention  against 
Corruption 

1.United  Nation  secretariat  – 
Report  on  Compliance  with  the 
United  Nations  Convention 
against Corruption 

2.  9  September  2009  (general 
distribution) 

3.http://www.unodc.org/docume
nts/treaties/UNCAC/COSP/sessi
on3/V0986236e.pdf 

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