    [Senate Treaty Document 105-45]
    [From the U.S. Government Publishing Office]

    105th Congress                                              Treaty Doc.
                                    SENATE

     2d Session                                                      105-45
    _______________________________________________________________________

      ILO CONVENTION (NO. 111) CONCERNING DISCRIMINATION (EMPLOYMENT AND
                                  OCCUPATION)

                                   __________

                                    MESSAGE

                                      FROM

                       THE PRESIDENT OF THE UNITED STATES

                                  TRANSMITTING

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

     May 18, 1998.--Convention was read the first time and, together with
    the accompanying papers, referred to the Committee on Foreign Relations
              and ordered to be printed for the use of the Senate.

                             LETTER OF TRANSMITTAL

                                  ----------

                                         The White House, May 18, 1998.
    To the Senate of the United States:
        With a view to receiving the advice and consent of the
    Senate to ratification, I transmit herewith a certified copy of
    the Convention (No. 111) Concerning Discrimination (Employment
    and Occupation), adopted by the International Labor Conference
    at its 42nd Session in Geneva on June 25, 1958. Also
    transmitted is the report of the Department of State, with a
    letter dated January 6, 1997, from then Secretary of Labor
    Robert Reich, concerning the Convention.
        This Convention obligates ratifying countries to declare
    and pursue a national policy aimed at eliminating
    discrimination with respect to employment and occupation. As
    explained more fully in the letter from Secretary Reich, U.S.
    law and practice fully comport with its provisions.
        In the interest of clarifying the domestic application of
    the Convention, my Administration proposes that two
    understandings accompany U.S. ratification.
        The proposed understandings are as follows:

              The United States understands the meaning and scope
            of Convention No. 111 in light of the relevant
            conclusions and practice of the Committee of Experts on
            the Application of Conventions and Recommendations
            which have been adopted prior to the date of U.S.
            ratification. The Committee's conclusions and practice
            are, in any event, not legally binding on the United
            States and have no force and effect on courts in the
            United States.
              The United States understands that the federal
            nondiscrimination policy of equal pay for substantially
            equal work meets the requirements of Convention 111.
            The United States further understands that Convention
            111 does not require or establish the doctrine of
            comparable worth with respect to compensation as that
            term is understood under United States law and
            practice.

        These understandings would have no effect on our
    international obligations under Convention No. 111.
        Ratification of this Convention would be consistent with
    our policy of seeking to adhere to additional international
    labor instruments as a means both of ensuring that our domestic
    labor standards meet international requirements, and of
    enhancing our ability to call other governments to account for
    failing to fulfill their obligations under International Labor
    Organization (ILO) conventions. I recommend that the Senate
    give its advice and consent to the ratification of ILO
    Convention No. 111.

                                                    William J. Clinton.

                              LETTER OF SUBMITTAL

                                  ----------

                                           Department of State,
                                           Washington, October 2, 1997.
    The President:
    The White House.
        The President: I have the honor to submit to you, with the
    recommendation that it be transmitted to the Senate for advice
    and consent to ratification, a certified copy of the Convention
    (No. 111) Concerning Discrimination (Employment and
    Occupation), which was adopted by the International Labor
    Conference at its 42nd Session in Geneva on June 25, 1958.
        This Convention obligates ratifying countries to declare
    and pursue a national policy aimed at eliminating
    discrimination in respect to employment and occupation. For
    these purposes, discrimination is defined to include any
    distinction, exclusion or preference made on the basis of race,
    color, sex, religion, political opinion, national extraction or
    social origin, which has the effect of nullifying or impairing
    equality of opportunity or treatment in employment or
    occupation. Interested departments and agencies have determined
    that the United States is in compliance with the terms of this
    Convention. The Secretary of Labor, in his enclosed letter of
    January 6, 1997, provides additional details concerning how
    U.S. law and practice comport with its provisions.
        In the interest of clarifying the domestic application of
    the Convention, the Secretary of Labor has proposed that two
    understandings accompany U.S. ratification. These
    understandings (the first of which we have modified slightly
    with the Secretary's concurrence) would have no effect on our
    international obligations under Convention No. 111.
        The proposed understandings we propose are as follows:

              The United States understands the meaning and scope
            of Convention No. 111 in light of the relevant
            conclusions and practice of the Committee of Experts on
            the Application of Conventions and Recommendations
            which have been adopted prior to the date of U.S.
            ratification. The Committee's conclusions and practice
            are, in any event, not legally binding on the United
            States and have no force and effect on courts in the
            United States.
              The United States understands that the federal
            nondiscrimination policy of equal pay for substantially
            equal work meets the requirements of Convention 111.
            The United States further understands that Convention
            111 does not require or establish the doctrine of
            comparable worth with respect to compensation as that
            term is understood under United States law and
            practice.

        I am pleased to join with the Secretary of Labor in
    recommending that the Convention be transmitted to the Senate
    for advice and consent to ratification. Ratification of this
    Convention would be consistent with our policy of seeking to
    adhere to additional international labor instruments as a means
    both of ensuring that our domestic labor standards meet
    international requirements and of enhancing our ability to call
    other governments to account for failing to fulfill their
    obligations under ILO conventions. All interested departments
    and agencies concur in that view.
        Respectfully submitted,
                                                         Strobe Talbot.