Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

See under Convention No. 35, as follows: Article 9, paragraph 1, of the Convention (employers' contribution to the financial sources of the insurance scheme); Article 9, paragraph 4 (contribution of the public authorities to the financial resources or benefits of the insurance scheme); Article 10, paragraphs 1 and 2 (administration of the insurance scheme); Article 10, paragraph 4 (participation of the assured persons in the administration of insurance institutions). The Committee notes the information supplied by the Government in its report for the period from July 1994 to June 1996, and the discussion on the application of the Convention which took place in the Conference Committee in June 1995. The Committee notes that the questions it raised in earlier observations following the adoption in 1980 of the new pensions system established in Legislative Decree No. 3550 (as amended) are still pending.

The Committee notes that a Government representative informed the Conference Committee that a consultation process would be initiated in the tripartite committee established in accordance with Convention No. 144 in order to adopt, with regard to Conventions Nos. 35, 36, 37 and 38, the necessary decisions to resolve the problems raised by the supervisory bodies.

The Committee recalls that the ILO Governing Body, in a decision adopted at its 265th Session (March 1996), asked States parties to Conventions Nos. 35 to 40 to consider the possibility of ratifying the Invalidity, Old-Age and Survivors' Benefits Convention, 1967 (No. 128), and, as appropriate, to denounce Conventions Nos. 35 to 40. The Governing Body pointed out that there is a close link between proposals for the ratification of the more recent and up-to-date Conventions and proposals that certain obsolete instruments might be denounced. It also noted that the implementation of decisions on standards review policy required member States to undertake tripartite consultations taking account, in particular, of the procedures provided for in the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), and the Tripartite Consultations (International Labour Standards) Recommendation, 1976 (No. 152).

In these circumstances, the Committee hopes that the Government will make the necessary effort to take appropriate measures to give effect to the decision of the Governing Body so that it will be able to remedy the failure to apply Conventions No. 35 to 38.