[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.