In consultation with the Secretary of Labor, the attached instructions have
been prepared to guide the delegates and advisers of this Government at the
forthcoming Session. It is probable that supplementary instructions will be
forwarded subsequently. If there are any policy matters which in any way
affect international relations and which are not covered by these or
supplementary instructions, it will, of course, be necessary to avoid any
commitment until specific instructions from this Government are issued
through diplomatic channels.
[Enclosure]
Instructions to the United States Government
Delegation22
to the Twenty-Seventh Session of the International
Labor Conference Paris, October 15, 1945
Item I
Director’s Report
The United States Government representatives may well note with
appreciation the scope of the Director’s review of world affairs and of
activities of the International Labor Organization. The enthusiasm and
practicality shown by the Office in the preparations for the
establishment of industrial committees deserve commendation. The efforts
of the International Labor Office to develop cooperative relations with
other specialized international organizations and to minimize
duplication or overlapping of effort might also appropriately be noted
with appreciation.
With respect to the application of Italy for readmission to the
International Labor Organization, this Government’s representatives
should suggest such prompt and favorable action upon this application as
will permit that Country to participate in the Twenty-Seventh Session if
it is in a position to do so. This Government is informed that the
Government of Italy is prepared to accredit a delegation immediately
upon notification that its application has been favorably acted
upon.
The application of Iceland for admission to the Organization should be
supported.
If formal application is made by Nicaragua for readmission to the
International Labor Organization and no technical impediments to
immediate action exist, this Government should provide its support.
It is understood that Guatemala has filed a formal application in good
order for readmission to the International Labor Organization.
[Page 1541]
Under those circumstances,
this Government should support Guatemala’s request.
With respect to both Nicaragua and Guatemala, this Government should not
take the initiative in proposing such action since neighboring countries
may wish the privilege of sponsoring their applications. If this
Government should be advised that either or both of these Governments
wish the United States to take the initiative of sponsorship, such
request will be given immediate and sympathetic consideration.
It is understood that the Italian Government may request the privilege of
having an Italian delegation present as observers at the beginning of
the Paris Conference. This Government’s representatives should favor
such a request, while at the same time seeking the earliest possible
action upon the Italian Government’s application for re-admission.
The United States Government should prefer delay in the revision of the
list of states of chief industrial importance. Aside from the possible
resentment of any member of the United Nations which might be displaced
from automatic membership in the Governing Body if an ex-enemy state
were found at this time to qualify among the eight states of chief
industrial importance, it is felt that the dislocations resulting from
the war make any objective evaluation exceedingly difficult at
present.
In connection with the foregoing policy, it is desirable that the
representatives should state that the wish of this Government is to have
all members of the United Nations and nations eligible for such
membership participate as members of the International Labor
Organization. For that reason the representatives may recall with
approval the action of the Ninety-Fifth Session of the Governing Body in
extending invitations to such members of the United Nations which are
not now participating in the International Labor Organization to send
observers to the Twenty-Seventh Session. In this connection, if the
representatives of the Philippine Commonwealth are in attendance as
expected, special attention should be called to the pleasure of this
Government in having present as observers the representatives of a
gallant country which, freed from Japanese aggression, will soon assume
its rightful place in the family of nations.
Specific mention should not be made, however, of any countries which were
invited to send observers and which may not have seen fit to do so.
Any expression of opinion as to the preferred location for the permanent
seat of the Organization should be avoided at this time.
[Page 1542]
The United States Government representatives, without taking a definitive
position, should not encourage any proposal for the general doubling of
the number of workers’ representatives, or of the workers’ and
employers’ representatives, or of the entire tripartite delegations as
compared with the present representation of governments, workers, and
employers on a 2–1–1 ratio from all Member Countries. No discussion of
this matter should be undertaken by this Government’s representatives
under Item I despite reference to the subject in the Director’s Report.
Further instructions are set forth under Item IV.
Instructions will be issued to the Government representatives at the
Ninety-Sixth Session of the Governing Body in connection with the place
and date of the Maritime Session of the International Labor Conference,
the Conference of American States Members, and the next regular session
of the International Labor Conference.
Since this Government holds a permanent seat on the Governing Body, this
Government is not in a position to vote on the selection of the eight
Governments to be elected for the next term of the Governing Body. No
formal expression of views as to the relative desirability of the
candidacies of individual States may be made, but since it would not be
inappropriate to indicate informally the sympathetic attitude of this
Government with respect to certain candidacies, supplementary
instructions may be issued.
Item II
The Maintenance of High Levels of Employment During
the Period of Industrial Rehabilitation and Reconversion25
The United States Government should support this resolution subject to
such technical changes as may appear necessary.
To be consistent with United States domestic policy attention might well
be given to the danger of deflation as well as inflation which is
covered in paragraph 3. However, since for most countries the danger of
inflation is the more immediate and the more likely to make difficult
the execution of our economic foreign policy, the United States
Government has preferred in other recent conferences a clear cut warning
against inflation. If the topic of deflation arises, it should be
handled in a separate paragraph.
The United States Government delegates should reserve the position of
this Government with reference to financial arrangements covered in
paragraph 5 (2) (bcd). The International Labor
Conference is not an appropriate place in which to negotiate or
undertake
[Page 1543]
intergovernmental
obligations of this sort. The United States Government does not object
to receiving an expression of opinion by other delegates, especially
those representative of employers and workers, on this subject.
Item III
Welfare of Children and Young Workers26
(First Discussion)
This report and the accompanying draft resolutions concern provisions for
the protection of children and youth in reference to their employment or
preparation for future activity in labor. The Department of State notes
that emphasis has wisely been placed upon cooperation between the
International Labor Organization and present or proposed specialized
organizations in the fields of relief, welfare and education.
The United States Government supports the resolutions and should
contribute to the development of the conventions outlined.
Item IV (1)
Matters Arising Out of the Work of the
Constitutional Committee27
part 1: the relationship of the i.l.o. to other
international bodies
Resolution I. Proposed Resolution Concerning the
Relationship Between the International Labor Organization and the
United Nations:28
This resolution is designed to authorize the Governing Body to enter,
subject to the approval of the Conference, into such agreements with the
appropriate authorities of the United Nations as may be necessary for
the purpose of permitting the International Labor Organization to
cooperate with the United Nations for the attainment of the ends set
forth in the Constitution of the International Labor Organization, the
Charter of the United Nations, and the Declaration of Philadelphia,29 while retaining the authority essential for
the discharge by the International Labor Organization of its
responsibilities under its Constitution and the Declaration of
Philadelphia.
It should be pointed out in accepting this resolution that there is a
distinction in status between the Declaration of Philadelphia and the
Constitution. Nevertheless, it may be noted that the United States
[Page 1544]
supported the Declaration at
Philadelphia and its inclusion in Resolution I at Philadelphia. The
resolution should be approved since it is primarily intended to arrange
for cooperation with the United Nations to promote the objectives of the
United Nations and the International Labor Organization.
Resolution II. Proposed Resolution Concerning the
Amendment of the Constitution of the International Labor
Organization:30
This resolution is designed to provide for the situation which would
result from the dissolution of the League of Nations with a view to
insuring the continuance of the International Labor Organization in
accordance with its Constitution. The resolution requests the Office to
transmit to the Members of the Organization, after the session of the
Conference, the proposed instrument for amendment inviting them to
submit replies within four months with any modifications or comments
they may wish to make, and requests the Office to draw up on the basis
of these replies a report for the next general session of the Conference
and to communicate such report to the members at the earliest possible
date.
Since amendments to the Constitution of the International Labor
Organization are necessary if it is to continue, whether as a completely
independent organization or as one which is closely related to the
United Nations and possibly dependent on it to the same degree that the
International Labor Organization has been dependent on the League of
Nations, this resolution should be approved for the purpose of bringing
the questions of amendments before the Members and before the next
Conference, it being understood that the approval given to the
resolution does not constitute approval of the particular amendments
included in the instrument in their present form and that Members may
propose, in their replies, amendments in addition to those included in
the instrument.
The United States representatives should state unequivocally that this
Government supports the International Labor Organization as the
competent intergovernmental agency within its designated sphere and
intends to continue wholehearted participation as a Member of the
Organization; that this Government believes that the greatest
effectiveness of the Organization can be attained through the
establishment of a mutually satisfactory relationship with the United
Nations Organization in which, with the strength derived from its
established tripartite representation, seasoned experience, and the most
nearly universal character practicable, the International Labor
[Page 1545]
Organization may help
accomplish many of the highest objectives of the Economic and Social
Council of the United Nations; and that this Government hopes that the
Constitution of the International Labor Organization may be so adapted
that it will be in the best possible position to further the objectives
of the Organization.
The United States representatives should emphasize the tentative
character of the discussion on the Proposed Instrument,31 that the discussion
is to be followed by reference of draft resolutions in the form in which
they emerge from the Conference to Members for their consideration. In
the exchange of views on the proposed amendments as prepared by the
Office, they should be guided by the remarks made below with respect to
the particular Articles.
Articles 1, 2, 4, 10, 16 and 17:
Since these Articles do not involve questions of principle but are of a
verbal nature, made necessary by the prospective dissolution of the
League of Nations, the establishment of the United Nations, and
replacement of the Permanent Court of International Justice by the
International Court of Justice, the United States representatives should
approve them in principle.
Article 3:
In view of the separation of the International Labor Organization from
the League of Nations and from the Peace Treaties of 1919, a
constitutional provision on membership is needed. The United States
Government approves the automatic right of membership of members of the
United Nations as set forth in paragraph 3. It also approves the general
principles set forth in paragraph 4. New Members may be admitted to the
United Nations Organization by a two-thirds vote of the Members present
and voting in the General Assembly. Admission of new Members to other
international organizations by the terms of their basic instruments also
requires a two-thirds majority. This Government believes the same policy
should be observed in the case of the International Labor Organization
and, therefore, the United States representatives should suggest the
addition of the following words to Paragraph 4 of this Article:
“provided that such vote represents two-thirds of the Members of the
Organization present and voting.”
Article 5:
The substitution for Article 12 of the present Constitution as proposed
recognizes the desirability of cooperation with the United Nations
[Page 1546]
Organization. This
Government believes that adaptation of the Constitution to meet any
situation created by a special agreement which may be concluded between
the Organization and the United Nations should be possible without the
necessity of applying the regular amendment process. The United States
representatives should, therefore, suggest that consideration might be
given to the substitution for the last sentence of Article 5, as
proposed, of a provision similar to that in the Constitution of the Food
and Agriculture Organization to the effect that such arrangements
between the Organization and the United Nations as are approved by a
two-thirds vote of the Conference may involve modification of the
provisions of the Constitution without resort to the regular amendment
process, except those which the Members believe should require
application of the regular amendment process.
Article 6:
A provision governing the determination of which are the Members of chief
industrial importance is needed in view of the reference to the League
Council in the present text of the Constitution. The Governing Body
should be authorized to determine the question. Provision should also be
made for a reconsideration of the question “when there is a recognized
need” rather than “from time to time.” The United States representatives
should suggest modifications along the above lines and should also
suggest the consideration of permitting appeals from decisions of the
Governing Body as to which are the Members of chief industrial
importance to the Economic and Social Council of the United Nations or
the General Assembly.
Article 7:
At least until the United Nations Organization has been established and
an agreement between it and the Organization has been concluded, in
Which a budgetary arrangement such as is envisaged in paragraph 4 of
this Article has been made, the Organization should be enabled to vote
its own budget independently. The Conference is the appropriate body to
perform this function. This Government believes, however, that it should
be understood that the Standing Orders of the Conference should provide
for a special committee composed of one Government representative from
each of the Members, such as is suggested in the Report (page 92), to
review the budget as was done in the past by the Fourth Committee of the
League Assembly. The United States representatives should also suggest
the deletion of the words “from time to time” from paragraph 4—to avoid
the implication that the arrangement once effected would be the subject
of frequent negotiations.
[Page 1547]
Article 8:
The chancery functions which have been performed by the Secretary-General
of the League and which have been in part performed by the Director of
the Organization since 1939 might well be assigned to the Director. The
United States Representatives should, however, suggest the consideration
of these functions being performed by the Secretary-General of the
United Nations, following the conclusion of a special agreement between
the two organizations, the advantages of which are recognized in the
Report.
Article 9:
The United States Government will wish to review proposals for
enforcement. Its representatives may express a sympathetic attitude
toward the creation of more adequate machinery.
Article 11:
This Government believes that the question of enforcement measures is not
an appropriate one for the Governing Body, The United States
representatives should suggest the elimination of Article 33 in the
present Constitution and consideration of the possibility of the
question of enforcement measures involved here being referred to the
United Nations with any recommendations which the Conference or the
Governing Body may wish to suggest, since the General Assembly and the
Security Council are vested with responsibilities to maintain the
general welfare.
Article 12:
This Government’s representatives should propose that both paragraphs
might well be amended by the addition of a clause “insofar as it is
provided in the individual trusteeship agreement,”
Article 13:
This Government recognizes the need for a new provision to govern
amendments to the Constitution. The United States representatives may
propose the substitution of “three-fourths” for “two-thirds” in the
fourth line of the text as it appears in the Report—before the words “of
the eight Members”—and should suggest the consideration of substituting
“accepted” for “ratified” in the third line of the proposal. This is in
line with the amendment provision of the Monetary Fund Agreement.32
[Page 1548]
Article 14:
This Government recognizes advantages in having questions of
constitutional interpretation referred to a single body, like the
International Court of Justice, The question of providing for such
reference is under consideration. The United States representatives
should, therefore, defer an opinion on this proposal.
Article 15:
The United States representatives should defer an opinion on this
proposal, while expressing sympathy for the objectives.
Article 18:
In view of the prospective dissolution of the League of Nations, this
Government anticipates serious difficulties in obtaining the acceptance
of Members necessary to bring the proposed amendments into force as
proposed in paragraph 2 of this Article. The United States
representatives should suggest that consideration be given to the
possibility of substituting for paragraph 2 another provision based upon
the second of the three possible views expressed on page 127 of the
Report with respect to the effect of the dissolution of the League on
the application of Article 36 of the Constitution namely “that since the
category of States specifically required to consent no longer exists an
amendment can come into force on ratification by any three-quarters of
the Members of the Organization;” otherwise, the strict observance of
Article 38 would require the fulfillment of what may be an impossible
condition.
Addendum:
The United States Government representatives should not encourage or
support any proposal for the general doubling of the number of workers
representatives, or of the workers’ and employers’ representatives. They
should seek further instructions if any other proposals are
suggested.
Resolution III. Proposed Resolution Concerning the
Revision of Certain Standard Articles of the Existing International
Labor Conventions:34
The resolution is proposed for the purpose of including in the agenda for
the next general session the question of the partial revision of the
Conventions hitherto adopted by the Conference in order to provide for
the future discharge of the chancery functions entrusted under those
Conventions to the Secretary-General of the League of Nations. The
resolution would provide for the submission of the accompanying proposed
draft convention to Member Governments
[Page 1549]
for possible modifications or amendments, and
would authorize the preparation on the basis of such replies of a report
for submission to Governments before the next general session. Approval
may be indicated of the general purposes of the resolution. The
following suggestions are applicable to the proposed draft convention
which is incorporated in the proposed resolution.
The United States representatives should suggest for consideration that a
fourth paragraph might well be added to Article 1 to read as follows:
“Upon the conclusion of any special agreement between the International
Labor Organization and the United Nations, the words ‘the
Secretary-General of the United Nations’ shall be substituted for the
words ‘the Director of the International Labor Office,’ the words ‘the
Secretary-General of the United Nations’ shall be substituted for the
words ‘the Director,’ and the words ‘the Secretariat of the United
Nations’ shall be substituted for the words ‘the International Labor
Office’ in paragraph; 1 of this Article.”
The United States representatives should also suggest for consideration
that a second paragraph might well be added to Article 3 to read as
follows; “Following the conclusion of a special agreement between the
International Labor Organization and the United Nations, any Member of
the Organization which, after the date of the coming into force of such
agreement, communicates to the Secretary-General of the United Nations
its formal ratification of any convention adopted by the Conference of,
the International Labor Organization in the course of its first
twenty-five sessions shall be deemed to have ratified that Convention as
modified by this Convention and such special agreement.”
Resolution IV. Proposed Resolution Concerning the
Interests of the International Labor Organization in Certain
Properties and Other Assets of the League of Nations:35
The United States representatives should suggest for consideration the
addition of a concluding paragraph to provide that “any arrangements
concerning functions and activities of the League of Nations which may
be made by the Governing Body in accordance with this proposed
resolution shall be subject to the approval of the General Conference in
conformity with paragraph 4 of the Proposed Resolution Concerning the
Relationship between the International Labor Organization and the United
Nations.” (page 152 of the Report)
The United States representatives should approve this resolution if
amended to accomplish the foregoing suggestion.
[Page 1550]
Resolution V. Proposed Resolution Concerning
Reciprocal Relationship Between the International Labor Organization
and Other International Bodies:36
The United States representatives should support this resolution.
Item IV (2)
Matters Arising Out of the Work of the
Constitutional Committee
part 2: revision of the form and arrangement of the
standing orders of the conference37
Since the proposed revision of the Standing Orders consists primarily of
a consolidation and re-arrangement of existing Standing Orders primarily
for the purpose of facilitating consultation and since it is regarded as
being of a provisional character in view of the broad questions of
policy which are pending before the Committee on Constitutional
Questions, the United States representatives might well support their
adoption for application provisionally from the beginning of the 27th
Session, it being understood that they will be referred to the Standing
Orders Committee of the Conference for consideration before being
definitely adopted. Should any controversy arise concerning paragraphs 3
and 4 of Article 57, the United States representatives should
communicate the situation to the Department for instructions.
Item V
Minimum Standards of Social Policy in Dependent
Territories38
(Supplementary Provisions)
This Department’s draft instructions are contained in the Report of the
Committee on Dependent Areas of September 15, 1945, copies of which have
been forwarded under separate cover.
Item VI
Reports on the Application of Conventions
(Article 22 of the
Constitution)39
The United States Government welcomes the redevelopment of more normal
reporting with reference to the application of conventions. This
Government notes sympathetically the reference in the Report of the
Committee of Experts to the need for increased staffing
[Page 1551]
of the International Labor Office to
make more effective the preparatory work. The representative on the
Governing Body is authorized to evaluate the feasibility of this
proposal in the light of other responsibilities of the Office.
Reference to the legal status of collective agreements on pages 4–5 of
the Committee of Experts report is noted and need not be commented on.
The United States Government does not want international pressures
encouraged or supported which look to extending the legal sanction of
collective agreements beyond the groups represented by the parties to
the agreement. We do feel that it is appropriate to note as a fact in
reporting on labor standards that certain standards are in fact
established by collective agreements.
