C191 - Safe and Healthy Working Environment (Consequential Amendments) Convention, 2023

 

Preamble

The General Conference of the International Labour Organization,

Having been convened in Geneva by the Governing Body of the International Labour Office, and having met at its 111th Session on 5 June 2023,

Recalling the resolution on the inclusion of a safe and healthy working environment in the ILO’s framework of fundamental principles and rights at work, adopted at its 110th Session (June 2022),

Having decided to adopt certain proposals with regard to the amendment of the Worst Forms of Child Labour Convention, 1999 (No. 182), the Maternity Protection Convention, 2000 (No. 183), the Maritime Labour Convention, 2006, as amended, the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), the Work in Fishing Convention, 2007 (No. 188), the Domestic Workers Convention, 2011 (No. 189), the Violence and Harassment Convention, 2019 (No. 190), and the Protocol of 2014 to the Forced Labour Convention, 1930, for the purpose of introducing therein certain amendments consequential upon the adoption of the resolution on the inclusion of a safe and healthy working environment in the ILO’s framework of fundamental principles and rights at work,

Considering that these proposals must take the form of an international Convention,

adopts this 12 June 2023 the following Convention, which may be cited as the Safe and Healthy Working Environment (Consequential Amendments) Convention, 2023:

Article 1

1. 1. The words “the ILO Declaration on Fundamental Principles and Rights at Work (1998), as amended in 2022” shall be substituted for the words “the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up, 1998” or any variant contained in the Preamble of the Worst Forms of Child Labour Convention, 1999 (No. 182), the Maternity Protection Convention, 2000 (No. 183), the Maritime Labour Convention, 2006, as amended, the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), the Work in Fishing Convention, 2007 (No. 188), the Domestic Workers Convention, 2011 (No. 189), and the Protocol of 2014 to the Forced Labour Convention, 1930.
2. 2. The words “the Occupational Safety and Health Convention, 1981 (No. 155)” and “the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)” shall be added in chronological order in the third preambular paragraph of the Maritime Labour Convention, 2006, as amended, the fifth preambular paragraph of the Work in Fishing Convention, 2007 (No. 188), and the twelfth preambular paragraph of the Protocol of 2014 to the Forced Labour Convention, 1930.
3. 3. The words “a safe and healthy working environment” shall be added as a new subparagraph (e) of Article III of the Maritime Labour Convention, 2006, as amended; as a new subparagraph (e) of Article 3(2) of the Domestic Workers Convention, 2011 (No. 189); and in Article 5 of the Violence and Harassment Convention, 2019 (No. 190), after the words “employment and occupation”.
4. 4. The words “the ILO Declaration on Social Justice for a Fair Globalization (2008), as amended in 2022” shall be substituted for the words “the ILO Declaration on Social Justice for a Fair Globalization” or any variant contained in the Preamble of the Domestic Workers Convention, 2011 (No. 189), and the Protocol of 2014 to the Forced Labour Convention, 1930.

Article 2

1. 1. Any Member of the International Labour Organization which, after the date of entry into force of this Convention, communicates to the Director-General of the International Labour Office its formal ratification of any of the Conventions, or of the Protocol, referred to in Article 1 shall be considered to have ratified that Convention or the Protocol as amended by this Convention.
2. 2. Upon ratifying this Convention, each Member recognizes that it shall continue to be bound by the provisions of any of the Conventions or the Protocol referred to in Article 1 that it has previously ratified, as amended by this Convention.

Article 3

1. The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.

Article 4

1. 1. Subject to paragraph 3 of this Article, this Convention shall come into force on the date on which the ratifications of two Members of the International Labour Organization have been registered with the Director-General of the International Labour Office.
2. 2. Thereafter, this Convention shall come into force for any Member on the date on which its ratification is registered.
3. 3. This Convention shall come into force for the Maritime Labour Convention, 2006, as amended, in accordance with Article XIV of the latter.

Article 5

The entry into force of this Convention shall close any of the Conventions, or the Protocol, referred to in Article 1 to further ratification in their non-amended version.

Article 6

1. 1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of all ratifications and declarations that have been communicated by the Members of the Organization.
2. 2. The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications and declarations that have been registered in accordance with the provisions of the preceding Articles.

Article 7

1. 1. Should the Conference adopt a new Convention revising this Convention, then, unless the new Convention otherwise provides:
   • (a) the ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, if and when the new revising Convention shall have come into force;
   • (b) as from the date when the new revising Convention comes into force, this Convention shall cease to be open to ratification by the Members.
2. 2. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention.

Article 8

The English, French and Spanish versions of the text of this Convention are equally authoritative.