Annex 2, Pertinent Clauses for Bonsucro Standard

8/6/2019 Annex 2, Pertinent Clauses for Bonsucro Standard

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Document compiled by BQS 1

ILO 29, article 5

Article 51. No concession granted to private individuals, companies or associations shall involve any form of

forced or compulsory labour for the production or the collection of products which such private

individuals, companies or associations utilise or in which they trade.2. Where concessions exist containing provisions involving such forced or compulsory labour, such

provisions shall be rescinded as soon as possible, in order to comply with Article 1 of this

Convention.

ILO 105, article 1

Article 1

Each Member of the International Labour Organisation which ratifies this Convention undertakes to suppress and

not to make use of any form of forced or compulsory labour--a. as a means of political coercion or education or as a punishment for holding or expressing political

views or views ideologically opposed to the established political, social or economic system;

b. as a method of mobilising and using labour for purposes of economic development;c. as a means of labour discipline;d. as a punishment for having participated in strikes;e. as a means of racial, social, national or religious discrimination.

ILO 138, article3 1, 2, 3

Article 1

Each Member for which this Convention is in force undertakes to pursue a national policy designed to ensure theeffective abolition of child labour and to raise progressively the minimum age for admission to employment or

work to a level consistent with the fullest physical and mental development of young persons.Article 2

1. Each Member which ratifies this Convention shall specify, in a declaration appended to itsratification, a minimum age for admission to employment or work within its territory and on means

of transport registered in its territory; subject to Articles 4 to 8 of this Convention, no one under that

age shall be admitted to employment or work in any occupation.

2. Each Member which has ratified this Convention may subsequently notify the Director-General ofthe International Labour Office, by further declarations, that it specifies a minimum age higher than

that previously specified.3. The minimum age specified in pursuance of paragraph 1 of this Article shall not be less than the age

of completion of compulsory schooling and, in any case, shall not be less than 15 years.4. Notwithstanding the provisions of paragraph 3 of this Article, a Member whose economy and

educational facilities are insufficiently developed may, after consultation with the organisations ofemployers and workers concerned, where such exist, initially specify a minimum age of 14 years.

5. Each Member which has specified a minimum age of 14 years in pursuance of the provisions of thepreceding paragraph shall include in its reports on the application of this Convention submitted under

article 22 of the Constitution of the International Labour Organisation a statement

a. that its reason for doing so subsists; orb. that it renounces its right to avail itself of the provisions in question as from a stated date.

Article 3

1. The minimum age for admission to any type of employment or work which by its nature or thecircumstances in which it is carried out is likely to jeopardise the health, safety or morals of youngpersons shall not be less than 18 years.

2. The types of employment or work to which paragraph 1 of this Article applies shall be determined bynational laws or regulations or by the competent authority, after consultation with the organisations of

employers and workers concerned, where such exist.3. Notwithstanding the provisions of paragraph 1 of this Article, national laws or regulations or the

competent authority may, after consultation with the organisations of employers and workers

concerned, where such exist, authorise employment or work as from the age of 16 years on condition

that the health, safety and morals of the young persons concerned are fully protected and that theyoung persons have received adequate specific instruction or vocational training in the relevant

branch of activity.


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ILO 182, articles 1, 2, 3, 4, 5, 6, 7

Article 1

Each Member which ratifies this Convention shall take immediate and effective measures to secure the

prohibition and elimination of the worst forms of child labour as a matter of urgency.

Article 2

For the purposes of this Convention, the term childshall apply to all persons under the age of 18.

Article 3For the purposes of this Convention, the term the worst forms of child labourcomprises:

a. all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debtbondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment

of children for use in armed conflict;b. the use, procuring or offering of a child for prostitution, for the production of pornography or for

pornographic performances;c. the use, procuring or offering of a child for illicit activities, in particular for the production and

trafficking of drugs as defined in the relevant international treaties;d. work which, by its nature or the circumstances in which it is carried out, is likely to harm the health,

safety or morals of children.

Article 41. The types of work referred to under Article 3(d) shall be determined by national laws or regulations

or by the competent authority, after consultation with the organizations of employers and workers

concerned, taking into consideration relevant international standards, in particular Paragraphs 3 and 4

of the Worst Forms of Child Labour Recommendation, 1999.2. The competent authority, after consultation with the organizations of employers and workers

concerned, shall identify where the types of work so determined exist.3. The list of the types of work determined under paragraph 1 of this Article shall be periodically

examined and revised as necessary, in consultation with the organizations of employers and workers

concerned.

Article 5

Each Member shall, after consultation with employers' and workers' organizations, establish or designateappropriate mechanisms to monitor the implementation of the provisions giving effect to this Convention.

Article 61. Each Member shall design and implement programmes of action to eliminate as a priority the worst

forms of child labour.2. Such programmes of action shall be designed and implemented in consultation with relevant

government institutions and employers' and workers' organizations, taking into consideration the

views of other concerned groups as appropriate.

Article 71. Each Member shall take all necessary measures to ensure the effective implementation and

enforcement of the provisions giving effect to this Convention including the provision and

application of penal sanctions or, as appropriate, other sanctions.2. Each Member shall, taking into account the importance of education in eliminating child labour, take

effective and time-bound measures to:

a. prevent the engagement of children in the worst forms of child labour;b. provide the necessary and appropriate direct assistance for the removal of children from the worst

forms of child labour and for their rehabilitation and social integration;

c. ensure access to free basic education, and, wherever possible and appropriate, vocationaltraining,for all children removed from the worst forms of child labour;

d. identify and reach out to children at special risk; ande. take account of the special situation of girls.

3. Each Member shall designate the competent authority responsible for the implementation of theprovisions giving effect to this Convention.


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UN declaration on Rights of the indigenous people, article 17, 21, 22

Article 17

1.Indigenous individuals and peoples have the right to enjoy fully all rights established under applicableinternational and domestic labour law.

2.States shall in consultation and cooperation with indigenous peoples take specific measures to protectindigenous children from economic exploitation and from performing any work that is likely to be

hazardous or to interfere with the childs education, or to be harmful to the childs health or physical,

mental, spiritual, moral or social development, taking into account their special vulnerability and theimportance of education for their empowerment.

3.Indigenous individuals have the right not to be subjected to any discriminatory conditions of labour and,inter alia, employment or salary.

Article 21

1.Indigenous peoples have the right, without discrimination, to the improvement of their economic and socialconditions, including, inter alia, in the areas of education, employment, vocational training and retraining,housing, sanitation, health and social security.

2.States shall take effective measures and, where appropriate, special measures to ensure continuingimprovement of their economic and social conditions. Particular attention shall be paid to the rights andspecial needs of indigenous elders, women, youth, children and persons with disabilities.

Article 22

1.Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth,children and persons with disabilities in the implementation of this Declaration.

2.States shall take measures, in conjunction with indigenous peoples, to ensure that indigenous women andchildren enjoy the full protection and guarantees against all forms of violence and discrimination.

ILO 87, articles 2, 3, 4, 5, 6, 7, 8, 9, 10, 11

Article 2

Workers and employers, without distinction whatsoever, shall have the right to establish and, subject only to the

rules of the organisation concerned, to join organisations of their own choosing without previous authorisation.

Article 31. Workers' and employers' organisations shall have the right to draw up their constitutions and rules, to

elect their representatives in full freedom, to organise their administration and activities and to formulatetheir programmes.

2. The public authorities shall refrain from any interference which would restrict this right or impede thelawful exercise thereof.

Article 4Workers' and employers' organisations shall not be liable to be dissolved or suspended by administrative

authority.

Article 5

Workers' and employers' organisations shall have the right to establish and join federations and confederationsand any such organisation, federation or confederation shall have the right to affiliate with international

organisations of workers and employers.

Article 6The provisions of Articles 2, 3 and 4 hereof apply to federations and confederations of workers' and employers'

organisations.

Article 7The acquisition of legal personality by workers' and employers' organisations, federations and confederations

shall not be made subject to conditions of such a character as to restrict the application of the provisions of

Articles 2, 3 and 4 hereof.

Article 8


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1. In exercising the rights provided for in this Convention workers and employers and their respectiveorganisations, like other persons or organised collectivities, shall respect the law of the land.

2. The law of the land shall not be such as to impair, nor shall it be so applied as to impair, the guaranteesprovided for in this Convention.

Article 91. The extent to which the guarantees provided for in this Convention shall apply to the armed forces and

the police shall be determined by national laws or regulations.2. In accordance with the principle set forth in paragraph 8 of Article 19 of the Constitution of the

International Labour Organisation the ratification of this Convention by any Member shall not be deemedto affect any existing law, award, custom or agreement in virtue of which members of the armed forces or

the police enjoy any right guaranteed by this Convention.

Article 10In this Convention the term organisation means any organisation of workers or of employers for furthering and

defending the interests of workers or of employers.

PART II. PROTECTION OF THE RIGHT TO ORGANISE

Article 11Each Member of the International Labour Organisation for which this Convention is in force undertakes to takeall necessary and appropriate measures to ensure that workers and employers may exercise freely the right to

organise.

ILO 98, articles 1, 2, 3, 4

Article 1

1. Workers shall enjoy adequate protection against acts of anti-union discrimination in respect of theiremployment.

2. Such protection shall apply more particularly in respect of acts calculated toa. make the employment of a worker subject to the condition that he shall not join a union or shall

relinquish trade union membership;b. cause the dismissal of or otherwise prejudice a worker by reason of union membership or because

of participation in union activities outside working hours or, with the consent of the employer,

within working hours.

Article 2

1. Workers' and employers' organisations shall enjoy adequate protection against any acts of interference byeach other or each other's agents or members in their establishment, functioning or administration.

2. In particular, acts which are designed to promote the establishment of workers' organisations under thedomination of employers or employers' organisations, or to support workers' organisations by financial or

other means, with the object of placing such organisations under the control of employers or employers'

organisations, shall be deemed to constitute acts of interference within the meaning of this Article.

Article 3Machinery appropriate to national conditions shall be established, where necessary, for the purpose of ensuring

respect for the right to organise as defined in the preceding Articles.

Article 4Measures appropriate to national conditions shall be taken, where necessary, to encourage and promote the full

development and utilisation of machinery for voluntary negotiation between employers or employers'organisations and workers' organisations, with a view to the regulation of terms and conditions of employment by

means of collective agreements.

UN declaration on Rights of the indigenous people, article 3

Article 3

Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political

status and freely pursue their economic, social and cultural development.


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ILO 100, articles 1, 2, 3

Article 1

For the purpose of this Convention--a. the term remuneration includes the ordinary, basic or minimum wage or salary and any additional

emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the

worker and arising out of the worker's employment;

b. the term equal remuneration for men and women workers for work of equal value refers to rates ofremuneration established without discrimination based on sex.

Article 21. Each Member shall, by means appropriate to the methods in operation for determining rates of

remuneration, promote and, in so far as is consistent with such methods, ensure the application to all

workers of the principle of equal remuneration for men and women workers for work of equal value.

2. This principle may be applied by means ofa. national laws or regulations;b. legally established or recognised machinery for wage determination;c. collective agreements between employers and workers; ord. a combination of these various means.

Article 31. Where such action will assist in giving effect to the provisions of this Convention measures shall be taken

to promote objective appraisal of jobs on the basis of the work to be performed.2. The methods to be followed in this appraisal may be decided upon by the authorities responsible for the

determination of rates of remuneration, or, where such rates are determined by collective agreements, by

the partes thereto.3. Differential rates between workers which correspond, without regard to sex, to differences, as determined

by such objective appraisal, in the work to be performed shall not be considered as being contrary to the

principle of equal remuneration for men and women workers for work of equal value.

ILO 111, articles 1, 2

Article 1

1.

For the purpose of this Convention the term discrimination includesa. any distinction, exclusion or preference made on the basis of race, colour, sex, religion, politicalopinion, national extraction or social origin, which has the effect of nullifying or impairing

equality of opportunity or treatment in employment or occupation;b. such other distinction, exclusion or preference which has the effect of nullifying or impairing

equality of opportunity or treatment in employment or occupation as may be determined by theMember concerned after consultation with representative employers' and workers' organisations,

where such exist, and with other appropriate bodies.2. Any distinction, exclusion or preference in respect of a particular job based on the inherent requirements

thereof shall not be deemed to be discrimination.3. For the purpose of this Convention the terms employmentand occupation include access to vocational

training, access to employment and to particular occupations, and terms and conditions of employment.

Article 2Each Member for which this Convention is in force undertakes to declare and pursue a national policy designed to

promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in

respect of employment and occupation, with a view to eliminating any discrimination in respect thereof.

UN declaration on Rights of the indigenous people, article 2, 8, 9, 15, 16, 21, 22, 24, 29, 46

Article 2

Indigenous peoples and individuals are free and equal to all other peoples and individuals and have the right to befree from any kind of discrimination, in the exercise of their rights, in particular that based on their indigenousorigin or identity.


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Article 8

1.Indigenous peoples and individuals have the right not to be subjected to forced assimilation or destructionof their culture.

2.States shall provide effective mechanisms for prevention of, and redress for:a. Any action which has the aim or effect of depriving them of their integrity as distinct peoples, or

of their cultural values or ethnic identities;b. Any action which has the aim or effect of dispossessing them of their lands, territories or

resources;

c. Any form of forced population transfer which has the aim or effect of violating or underminingany of their rights;

d. Any form of forced assimilation or integration;e. Any form of propaganda designed to promote or incite racial or ethnic discrimination directed

against them.

Article 9

Indigenous peoples and individuals have the right to belong to an indigenous community or nation, in accordance

with the traditions and customs of the community or nation concerned. No discrimination of any kind may arisefrom the exercise of such a right.

Article 15

1.Indigenous peoples have the right to the dignity and diversity of their cultures, traditions, histories andaspirations which shall be appropriately reflected in education and public information.

2.States shall take effective measures, in consultation and cooperation with the indigenous peoplesconcerned, to combat prejudice and eliminate discrimination and to promote tolerance, understanding and

good relations among indigenous peoples and all other segments of society.

Article 16

1.Indigenous peoples have the right to establish their own media in their own languages and to have access toall forms of non-indigenous media without discrimination.

2.States shall take effective measures to ensure that State-owned media duly reflect indigenous culturaldiversity. States, without prejudice to ensuring full freedom of expression, should encourage privatelyowned media to adequately reflect indigenous cultural diversity.

Article 21

1.Indigenous peoples have the right, without discrimination, to the improvement of their economic and socialconditions, including, inter alia, in the areas of education, employment, vocational training and retraining,

housing, sanitation, health and social security.2.States shall take effective measures and, where appropriate, special measures to ensure continuing

improvement of their economic and social conditions. Particular attention shall be paid to the rights and

special needs of indigenous elders, women, youth, children and persons with disabilities.

Article 22

1.Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth,children and persons with disabilities in the implementation of this Declaration.

2.States shall take measures, in conjunction with indigenous peoples, to ensure that indigenous women andchildren enjoy the full protection and guarantees against all forms of violence and discrimination.

Article 24

1.Indigenous peoples have the right to their traditional medicines and to maintain their health practices,including the conservation of their vital medicinal plants, animals and minerals. Indigenous individuals alsohave the right to access, without any discrimination, to all social and health services.

2.Indigenous individuals have an equal right to the enjoyment of the highest attainable standard of physicaland mental health. States shall take the necessary steps with a view to achieving progressively the full

realization of this right.

Article 29

1.Indigenous peoples have the right to the conservation and protection of the environment and the productivecapacity of their lands or territories and resources. States shall establish and implement assistance

programmes for indigenous peoples for such conservation and protection, without discrimination.


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2.States shall take effective measures to ensure that no storage or disposal of hazardous materials shall takeplace in the lands or territories of indigenous peoples without their free, prior and informed consent.

3.States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintainingand restoring the health of indigenous peoples, as developed and implemented by the peoples affected by

such materials, are duly implemented.

Article 46

1.Nothing in this Declaration may be interpreted as implying for any State, people, group or person any rightto engage in any activity or to perform any act contrary to the Charter of the United Nations or construed as

authorizing or encouraging any action which would dismember or impair, totally or in part, the territorialintegrity or political unity of sovereign and independent States.

2.In the exercise of the rights enunciated in the present Declaration, human rights and fundamental freedomsof all shall be respected. The exercise of the rights set forth in this Declaration shall be subject only to suchlimitations as are determined by law, and in accordance with international human rights obligations. Any

such limitations shall be non-discriminatory and strictly necessary solely for the purpose of securing due

recognition and respect for the rights and freedoms of others and for meeting the just and most compelling

requirements of a democratic society.3.The provisions set forth in this Declaration shall be interpreted in accordance with the principles of justice,

democracy, respect for human rights, equality, non-discrimination, good governance and good faith.

ILO 97, articles 1 thru 23

Article 1Each Member of the International Labour Organisation for which this Convention is in force undertakes to make

available on request to the International Labour Office and to other Members--

a. information on national policies, laws and regulations relating to emigration and immigration;b. information on special provisions concerning migration for employment and the conditions of work and

livelihood of migrants for employment;c. information concerning general agreements and special arrangements on these questions concluded by the

Member.

Article 2Each Member for which this Convention is in force undertakes to maintain, or satisfy itself that there is

maintained, an adequate and free service to assist migrants for employment, and in particular to provide them

with accurate information.

Article 31. Each Member for which this Convention is in force undertakes that it will, so far as national laws and

regulations permit, take all appropriate steps against misleading propaganda relating to emigration and

immigration.

2. For this purpose, it will where appropriate act in co-operation with other Members concerned.Article 4Measures shall be taken as appropriate by each Member, within its jurisdiction, to facilitate the departure, journey

and reception of migrants for employment.

Article 5

Each Member for which this Convention is in force undertakes to maintain, within its jurisdiction, appropriatemedical services responsible for--a. ascertaining, where necessary, both at the time of departure and on arrival, that migrants for employment

and the members of their families authorised to accompany or join them are in reasonable health;

b. ensuring that migrants for employment and members of their families enjoy adequate medical attentionand good hygienic conditions at the time of departure, during the journey and on arrival in the territory of

destination.

Article 61. Each Member for which this Convention is in force undertakes to apply, without discrimination in respect

of nationality, race, religion or sex, to immigrants lawfully within its territory, treatment no less

favourable than that which it applies to its own nationals in respect of the following matters:


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a. in so far as such matters are regulated by law or regulations, or are subject to the control ofadministrative authorities

i. remuneration, including family allowances where these form part of remuneration, hoursof work, overtime arrangements, holidays with pay, restrictions on home work, minimum

age for employment, apprenticeship and training, women's work and the work of young

persons;ii. membership of trade unions and enjoyment of the benefits of collective bargaining;

iii. accommodation;b. social security (that is to say, legal provision in respect of employment injury, maternity,

sickness, invalidity, old age, death, unemployment and family responsibilities, and any othercontingency which, according to national laws or regulations, is covered by a social security

scheme), subject to the following limitations:i. there may be appropriate arrangements for the maintenance of acquired rights and rights

in course of acquisition;ii. national laws or regulations of immigration countries may prescribe special arrangements

concerning benefits or portions of benefits which are payable wholly out of public funds,

and concerning allowances paid to persons who do not fulfil the contribution conditions

prescribed for the award of a normal pension;

c. employment taxes, dues or contributions payable in respect of the person employed; andd. legal proceedings relating to the matters referred to in this Convention.

2. In the case of a federal State the provisions of this Article shall apply in so far as the matters dealt withare regulated by federal law or regulations or are subject to the control of federal administrative

authorities. The extent to which and manner in which these provisions shall be applied in respect ofmatters regulated by the law or regulations of the constituent States, provinces or cantons, or subject to

the control of the administrative authorities thereof, shall be determined by each Member. The Member

shall indicate in its annual report upon the application of the Convention the extent to which the mattersdealt with in this Article are regulated by federal law or regulations or are subject to the control of federal

administrative authorities. In respect of matters which are regulated by the law or regulations of the

constituent States, provinces or cantons, or are subject to the control of the administrative authoritiesthereof, the Member shall take the steps provided for in paragraph 7 (b) of Article 19 of the Constitution

of the International Labour Organisation.

Article 7

1. Each Member for which this Convention is in force undertakes that its employment service and otherservices connected with migration will co-operate in appropriate cases with the corresponding services of

other Members.2. Each Member for which this Convention is in force undertakes to ensure that the services rendered by its

public employment service to migrants for employment are rendered free.

Article 81. A migrant for employment who has been admitted on a permanent basis and the members of his family

who have been authorised to accompany or join him shall not be returned to their territory of origin or the

territory from which they emigrated because the migrant is unable to follow his occupation by reason ofillness contracted or injury sustained subsequent to entry, unless the person concerned so desires or an

international agreement to which the Member is a party so provides.2. When migrants for employment are admitted on a permanent basis upon arrival in the country of

immigration the competent authority of that country may determine that the provisions of paragraph 1 of

this Article shall take effect only after a reasonable period which shall in no case exceed five years fromthe date of admission of such migrants.

Article 9

Each Member for which this Convention is in force undertakes to permit, taking into account the limits allowedby national laws and regulations concerning export and import of currency, the transfer of such part of the

earnings and savings of the migrant for employment as the migrant may desire.

Article 10In cases where the number of migrants going from the territory of one Member to that of another is sufficiently

large, the competent authorities of the territories concerned shall, whenever necessary or desirable, enter into


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agreements for the purpose of regulating matters of common concern arising in connection with the application of

the provisions of this Convention.

Article 111. For the purpose of this Convention the term migrant for employmentmeans a person who migrates from

one country to another with a view to being employed otherwise than on his own account and includes

any person regularly admitted as a migrant for employment.

2. This Convention does not apply toa. frontier workers;b. short-term entry of members of the liberal professions and artistes; andc. seamen.

Article 12

The formal ratifications of this Convention shall be communicated to the Director-General of the International

Labour Office for registration.

Article 131. This Convention shall be binding only upon those Members of the International Labour Organisation

whose ratifications have been registered with the Director-General.

2. It shall come into force twelve months after the date on which the ratifications of two Members have beenregistered with the Director-General.

3. Thereafter, this Convention shall come into force for any Member twelve months after the date on whichits ratification has been registered.

Article 141. Each Member ratifying this Convention may, by a declaration appended to its ratification, exclude from

its ratification any or all of the Annexes to the Convention.2. Subject to the terms of any such declaration, the provisions of the Annexes shall have the same effect as

the provisions of the Convention.3. Any Member which makes such a declaration may subsequently by a new declaration notify the Director-

General that it accepts any or all of the Annexes mentioned in the declaration; as from the date of theregistration of such notification by the Director-General the provisions of such Annexes shall be

applicable to the Member in question.4. While a declaration made under paragraph 1 of this Article remains in force in respect of any Annex, the

Member may declare its willingness to accept that Annex as having the force of a Recommendation.

Article 151. Declarations communicated to the Director-General of the International Labour Office in accordance with

paragraph 2 of Article 35 of the Constitution of the International Labour Organisation shall indicate a. the territories in respect of which the Member concerned undertakes that the provisions of the

Convention and any or all of the Annexes shall be applied without modification;b. the territories in respect of which it undertakes that the provisions of the Convention and any or

all of the Annexes shall be applied subject to modifications, together with details of the said

modifications;

c. the territories in respect of which the Convention and any or all of the Annexes are inapplicableand in such cases the grounds on which they are inapplicable;

d. the territories in respect of which it reserves its decision pending further consideration of theposition.

2. The undertakings referred to in subparagraphs (a) and (b) of paragraph 1 of this Article shall be deemedto be an integral part of the ratification and shall have the force of ratification.

3. Any Member may at any time by a subsequent declaration cancel in whole or in part any reservationsmade in its original declaration in virtue of subparagraph (b), (c) or (d) of paragraph 1 of this Article.

4. Any Member may, at any time at which the Convention is subject to denunciation in accordance with theprovisions of Article 17, communicate to the Director-General a declaration modifying in any otherrespect the terms of any former declaration and stating the present position in respect of such territories as

it may specify.

Article 16


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1. Declarations communicated to the Director-General of the International Labour Office in accordance withparagraph 4 or 5 of Article 35 of the Constitution of the International Labour Organisation shall indicate

whether the provisions of the Convention and any or all of the Annexes will be applied in the territoryconcerned without modification or subject to modifications; and if the declaration indicates that the

provisions of the Convention and any or all of the Annexes will be applied subject to modifications, it

shall give details of the said modifications.2. The Member, Members or international authority concerned may at any time by a subsequent declaration

renounce in whole or in part the right to have recourse to any modification indicated in any former

declaration.

3. The Member, Members or international authority concerned may, at any time at which this Conventionand any or all of the Annexes are subject to denunciation in accordance with the provisions of Article 17,

communicate to the Director-General a declaration modifying in any other respect the terms of any

former declaration and stating the present position in respect of the application of the Convention.

Article 171. A Member which has ratified this Convention may denounce it after the expiration of ten years from the

date on which the Convention first comes into force, by an act communicated to the Director-General ofthe International Labour Office for registration. Such denunciation shall not take effect until one year

after the date on which it is registered.2. Each Member which has ratified this Convention and which does not, within the year following the

expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of

denunciation provided for in this Article, will be bound for another period of ten years and, thereafter,

may denounce this Convention at the expiration of each period of ten years under the terms provided forin this Article.

3. At any time at which this Convention is subject to denunciation in accordance with the provisions of thepreceding paragraphs any Member which does not so denounce it may communicate to the Director-

General a declaration denouncing separately any Annex to the Convention which is in force for that

Member.4. The denunciation of this Convention or of any or all of the Annexes shall not affect the rights granted

thereunder to a migrant or to the members of his family if he immigrated while the Convention or the

relevant Annex was in force in respect of the territory where the question of the continued validity of

these rights arises.

Article 181. The Director-General of the International Labour Office shall notify all Members of the International

Labour Organisation of the registration of all ratifications, declarations and denunciations communicated

to him by the Members of the Organisation.2. When notifying the Members of the Organisation of the registration of the second ratification

communicated to him, the Director-General shall draw the attention of the Members of the Organisation

to the date upon which the Convention will come into force.

Article 19The 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, declarations and acts of denunciation registered by him in accordance with the provisions of

the preceding articles.

Article 20At such times as it may consider necessary the Governing Body of the International Labour Office shall present tothe General Conference a report on the working of this Convention and shall examine the desirability of placing

on the agenda of the Conference the question of its revision in whole or in part.

Article 211. Should the Conference adopt a new Convention revising this Convention in whole or in part, 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, notwithstanding the provisions of Article 17 above,

if and when the new revising Convention shall have come into force;


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b. as from the date when the new revising Convention comes into force this Convention shall ceaseto be open to ratification by the Members.

2. This Convention shall in any case remain in force in its actual form and content for those Members whichhave ratified it but have not ratified the revising Convention.

Article 221. The International Labour Conference may, at any session at which the matter is included in its agenda,

adopt by a two-thirds majority a revised text of any one or more of the Annexes to this Convention.2. Each Member for which this Convention is in force shall, within the period of one year, or, in exceptional

circumstances, of eighteen months, from the closing of the session of the Conference, submit any suchrevised text to the authority or authorities within whose competence the matter lies, for the enactment of

legislation or other action.3. Any such revised text shall become effective for each Member for which this Convention is in force on

communication by that Member to the Director-General of the International Labour Office of a

declaration notifying its acceptance of the revised text.4. As from the date of the adoption of the revised text of the Annex by the Conference, only the revised text

shall be open to acceptance by Members.

Article 23

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

ILO 117, article 4

Article 4

The measures to be considered by the competent authorities for the promotion of productive capacity and the

improvement of standards of living of agricultural producers shall include--

a. the elimination to the fullest practicable extent of the causes of chronic indebtedness;b. the control of the alienation of agricultural land to non-agriculturalists so as to ensure that such alienation

takes place only when it is in the best interests of the country;c. the control, by the enforcement of adequate laws or regulations, of the ownership and use of land

resources to ensure that they are used, with due regard to customary rights, in the best interests of the

inhabitants of the country;d. the supervision of tenancy arrangements and of working conditions with a view to securing for tenants

and labourers the highest practicable standards of living and an equitable share in any advantages which

may result from improvements in productivity or in price levels;e. the reduction of production and distribution costs by all practicable means and in particular by forming,encouraging and assisting producers' and consumers co-operatives.

ILO 169, articles 13, 14, 15, 16, 17, 18, 19

Article 13

1. In applying the provisions of this Part of the Convention governments shall respect the special importancefor the cultures and spiritual values of the peoples concerned of their relationship with the lands orterritories, or both as applicable, which they occupy or otherwise use, and in particular the collective

aspects of this relationship.2. The use of the term lands in Articles 15 and 16 shall include the concept of territories, which covers the

total environment of the areas which the peoples concerned occupy or otherwise use.

Article 141. The rights of ownership and possession of the peoples concerned over the lands which they traditionally

occupy shall be recognised. In addition, measures shall be taken in appropriate cases to safeguard theright of the peoples concerned to use lands not exclusively occupied by them, but to which they havetraditionally had access for their subsistence and traditional activities. Particular attention shall be paid to

the situation of nomadic peoples and shifting cultivators in this respect.2. Governments shall take steps as necessary to identify the lands which the peoples concerned traditionally

occupy, and to guarantee effective protection of their rights of ownership and possession.3. Adequate procedures shall be established within the national legal system to resolve land claims by the

peoples concerned.


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Article 151. The rights of the peoples concerned to the natural resources pertaining to their lands shall be specially

safeguarded. These rights include the right of these peoples to participate in the use, management and

conservation of these resources.2. In cases in which the State retains the ownership of mineral or sub-surface resources or rights to other

resources pertaining to lands, governments shall establish or maintain procedures through which theyshall consult these peoples, with a view to ascertaining whether and to what degree their interests would

be prejudiced, before undertaking or permitting any programmes for the exploration or exploitation of

such resources pertaining to their lands. The peoples concerned shall wherever possible participate in the

benefits of such activities, and shall receive fair compensation for any damages which they may sustain asa result of such activities.

Article 16

1. Subject to the following paragraphs of this Article, the peoples concerned shall not be removed from thelands which they occupy.

2. Where the relocation of these peoples is considered necessary as an exceptional measure, such relocationshall take place only with their free and informed consent. Where their consent cannot be obtained, suchrelocation shall take place only following appropriate procedures established by national laws andregulations, including public inquiries where appropriate, which provide the opportunity for effective

representation of the peoples concerned.3. Whenever possible, these peoples shall have the right to return to their traditional lands, as soon as the

grounds for relocation cease to exist.4. When such return is not possible, as determined by agreement or, in the absence of such agreement,

through appropriate procedures, these peoples shall be provided in all possible cases with lands of quality

and legal status at least equal to that of the lands previously occupied by them, suitable to provide fortheir present needs and future development. Where the peoples concerned express a preference for

compensation in money or in kind, they shall be so compensated under appropriate guarantees.

5. Persons thus relocated shall be fully compensated for any resulting loss or injury.Article 17

1. Procedures established by the peoples concerned for the transmission of land rights among members ofthese peoples shall be respected.

2. The peoples concerned shall be consulted whenever consideration is being given to their capacity toalienate their lands or otherwise transmit their rights outside their own community.

3. Persons not belonging to these peoples shall be prevented from taking advantage of their customs or oflack of understanding of the laws on the part of their members to secure the ownership, possession or use

of land belonging to them.

Article 18Adequate penalties shall be established by law for unauthorised intrusion upon, or use of, the lands of the peoples

concerned, and governments shall take measures to prevent such offences.

Article 19National agrarian programmes shall secure to the peoples concerned treatment equivalent to that accorded to other

sectors of the population with regard to:a. the provision of more land for these peoples when they have not the area necessary for providing the

essentials of a normal existence, or for any possible increase in their numbers;

b. the provision of the means required to promote the development of the lands which these peoples alreadypossess.UN declaration on Rights of the indigenous people, articles 25, 26

Article 25

Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their

traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources

and to uphold their responsibilities to future generations in this regard.

Article 26

1.Indigenous peoples have the right to the lands, territories and resources which they have traditionally


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owned, occupied or otherwise used or acquired.

2.Indigenous peoples have the right to own, use, develop and control the lands, territories and resources thatthey possess by reason of traditional ownership or other traditional occupation or use, as well as thosewhich they have otherwise acquired.

3.States shall give legal recognition and protection to these lands, territories and resources. Such recognitionshall be conducted with due respect to the customs, traditions and land tenure systems of the indigenouspeoples concerned.

UN declaration on Biological Diversity, Article 10

protect and encourage customary use of biological resources in accordance with traditional cultural practices that

are compatible with conservation and sustainable use requirements.

ILO 169, articles 6, 7, 8, 9

Article 6

1. In applying the provisions of this Convention, governments shall:a. consult the peoples concerned, through appropriate procedures and in particular through their

representative institutions, whenever consideration is being given to legislative or administrative

measures which may affect them directly;b. establish means by which these peoples can freely participate, to at least the same extent as other

sectors of the population, at all levels of decision-making in elective institutions and

administrative and other bodies responsible for policies and programmes which concern them;c. establish means for the full development of these peoples' own institutions and initiatives, and in

appropriate cases provide the resources necessary for this purpose.2. The consultations carried out in application of this Convention shall be undertaken, in good faith and in a

form appropriate to the circumstances, with the objective of achieving agreement or consent to the

proposed measures.

Article 71. The peoples concerned shall have the right to decide their own priorities for the process of development

as it affects their lives, beliefs, institutions and spiritual well-being and the lands they occupy or

otherwise use, and to exercise control, to the extent possible, over their own economic, social and culturaldevelopment. In addition, they shall participate in the formulation, implementation and evaluation of

plans and programmes for national and regional development which may affect them directly.2. The improvement of the conditions of life and work and levels of health and education of the peoples

concerned, with their participation and co-operation, shall be a matter of priority in plans for the overall

economic development of areas they inhabit. Special projects for development of the areas in question

shall also be so designed as to promote such improvement.3. Governments shall ensure that, whenever appropriate, studies are carried out, in co-operation with the

peoples concerned, to assess the social, spiritual, cultural and environmental impact on them of planneddevelopment activities. The results of these studies shall be considered as fundamental criteria for the

implementation of these activities.

4. Governments shall take measures, in co-operation with the peoples concerned, to protect and preserve theenvironment of the territories they inhabit.

Article 8

1.

In applying national laws and regulations to the peoples concerned, due regard shall be had to theircustoms or customary laws.2. These peoples shall have the right to retain their own customs and institutions, where these are not

incompatible with fundamental rights defined by the national legal system and with internationally

recognised human rights. Procedures shall be established, whenever necessary, to resolve conflicts which

may arise in the application of this principle.3. The application of paragraphs 1 and 2 of this Article shall not prevent members of these peoples from

exercising the rights granted to all citizens and from assuming the corresponding duties.

Article 9


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1. To the extent compatible with the national legal system and internationally recognised human rights, themethods customarily practised by the peoples concerned for dealing with offences committed by their

members shall be respected.2. The customs of these peoples in regard to penal matters shall be taken into consideration by the

authorities and courts dealing with such cases.

UN declaration on Rights of the indigenous people, articles 10, 11, 19, 28, 29, 32

Article 10

Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take placewithout the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and

fair compensation and, where possible, with the option of return.

Article 11

1.Indigenous peoples have the right to practise and revitalize their cultural traditions and customs. Thisincludes the right to maintain, protect and develop the past, present and future manifestations of theircultures, such as archaeological and historical sites, artefacts, designs, ceremonies, technologies and

visual and performing arts and literature.2.States shall provide redress through effective mechanisms, which may include restitution, developed in

conjunction with indigenous peoples, with respect to their cultural, intellectual, religious and spiritual

property taken without their free, prior and informed consent or in violation of their laws, traditions and

customs.

Article 19

States shall consult and cooperate in good faith with the indigenous peoples concerned through their own

representative institutions in order to obtain their free, prior and informed consent before adopting andimplementing legislative or administrative measures that may affect them.

Article 28

1.Indigenous peoples have the right to redress, by means that can include restitution or, when this is notpossible, just, fair and equitable compensation, for the lands, territories and resources which they have

traditionally owned or otherwise occupied or used, and which have been confiscated, taken, occupied,

used or damaged without their free, prior and informed consent.2.Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands,

territories and resources equal in quality, size and legal status or of monetary compensation or other

appropriate redress.

Article 29

1.Indigenous peoples have the right to the conservation and protection of the environment and theproductive capacity of their lands or territories and resources. States shall establish and implementassistance programmes for indigenous peoples for such conservation and protection, without

discrimination.


3.States shall also take effective measures to ensure, as needed, that programmes for monitoring,maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples

affected by such materials, are duly implemented.

Article 32

1.Indigenous peoples have the right to determine and develop priorities and strategies for the development oruse of their lands or territories and other resources.

2.States shall consult and cooperate in good faith with the indigenous peoples concerned through their ownrepresentative institutions in order to obtain their free and informed consent prior to the approval of anyproject affecting their lands or territories and other resources, particularly in connection with the

development, utilization or exploitation of mineral, water or other resources.3.States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate

measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.

UNCERD


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____

ILO 184, articles 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21

Article 7In order to comply with the national policy referred to in Article 4 of the Convention, national laws andregulations or the competent authority shall provide, taking into account the size of the undertaking and the nature

of its activity, that the employer shall:

a. carry out appropriate risk assessments in relation to the safety and health of workers and, on the basis ofthese results, adopt preventive and protective measures to ensure that under all conditions of theirintended use, all agricultural activities, workplaces, machinery, equipment, chemicals, tools and processes

under the control of the employer are safe and comply with prescribed safety and health standards;b. ensure that adequate and appropriate training and comprehensible instructions on safetyand health and

any necessary guidance or supervision are provided to workers in agriculture, including information onthe hazards and risks associated with their work and the action to be taken for their protection, taking into

account their level of education and differences in language; andc. take immediate steps to stop any operation where there is an imminent and serious danger to safety and

health and to evacuate workers as appropriate.

Article 8

1. Workers in agriculture shall have the right:a. to be informed and consulted on safety and health matters including risks from new technologies;b. to participate in the application and review of safety and health measures and, in accordance with

national law and practice, to select safety and health representatives and representatives in safety

and health committees; andc. to remove themselves from danger resulting from their work activity when they have reasonable

justification to believe there is an imminent and serious risk to their safety and health and soinform their supervisor immediately. They shall not be placed at any disadvantage as a result of

these actions.2. Workers in agriculture and their representatives shall have the duty to comply with the prescribed safety

and health measures and to cooperate with employers in order for the latter to comply with their own

duties and responsibilities.3. The procedures for the exercise of the rights and duties referred to in paragraphs 1 and 2 shall be

established by national laws and regulations, the competent authority, collective agreements or other

appropriate means.4. Where the provisions of this Convention are implemented as provided for by paragraph 3, there shall be

prior consultation with the representative organizations of employers and workers concerned.

MACHINERY SAFETY AND ERGONOMICS

Article 91. National laws and regulations or the competent authority shall prescribe that machinery, equipment,

including personal protective equipment, appliances and hand tools used in agriculture comply with

national or other recognized safety and health standards and be appropriately installed, maintained and

safeguarded.2. The competent authority shall take measures to ensure that manufacturers, importers and suppliers

comply with the standards referred to in paragraph 1 and provide adequate and appropriate information,

including hazard warning signs, in the official language or languages of the user country, to the users and,on request, to the competent authority.

3. Employers shall ensure that workers receive and understand the safety and health information supplied bymanufacturers, importers and suppliers.

Article 10

National laws and regulations shall prescribe that agricultural machinery and equipment shall:a. only be used for work for which they are designed, unless a use outside of the initial design purpose has

been assessed as safe in accordance with national law and practice and, in particular, shall not be used for

human transportation, unless designed or adapted so as to carry persons; andb. be operated by trained and competent persons, in accordance with national law and practice.


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HANDLING AND TRANSPORT OF MATERIALS

Article 111. The competent authority, after consulting the representative organizations of employers and workers

concerned, shall establish safety and health requirements for the handling and transport of materials,

particularly on manual handling. Such requirements shall be based on risk assessment, technical standardsand medical opinion, taking account of all the relevant conditions under which the work is performed in

accordance with national law and practice.

2. Workers shall not be required or permitted to engage in the manual handling or transport of a load whichby reason of its weight or nature is likely to jeopardize their safety or health.

SOUND MANAGEMENT OF CHEMICALS

Article 12

The competent authority shall take measures, in accordance with national law and practice, to ensure that:a. there is an appropriate national system or any other system approved by the competent authority

establishing specific criteria for the importation, classification, packaging and labelling of chemicals usedin agriculture and for their banning or restriction;

b. those who produce, import, provide, sell, transfer, store or dispose of chemicals used in agriculturecomply with national or other recognized safety and health standards, and provide adequate and

appropriate information to the users in the appropriate official language or languages of the country and,

on request, to the competent authority; andc. there is a suitable system for the safe collection, recycling and disposal of chemical waste, obsolete

chemicals and empty containers of chemicals so as to avoid their use for other purposes and to eliminate

or minimize the risks to safety and health and to the environment.

Article 13

1. National laws and regulations or the competent authority shall ensure that there are preventive andprotective measures for the use of chemicals and handling of chemical waste at the level of the

undertaking.

2. These measures shall cover, inter alia:a. the preparation, handling, application, storage and transportation of chemicals;b. agricultural activities leading to the dispersion of chemicals;c. the maintenance, repair and cleaning of equipment and containers for chemicals; andd.

the disposal of empty containers and the treatment and disposal of chemical waste and obsoletechemicals.

ANIMAL HANDLING AND PROTECTION AGAINST BIOLOGICAL RISKS

Article 14National laws and regulations shall ensure that risks such as those of infection, allergy or poisoning are prevented

or kept to a minimum when biological agents are handled, and activities involving animals, livestock and stabling

areas, comply with national or other recognized health and safety standards.

AGRICULTURAL INSTALLATIONS

Article 15

The construction, maintenance and repairing of agricultural installations shall be in conformity with nationallaws, regulations and safety and health requirements.

IV. OTHER PROVISIONS

YOUNG WORKERS AND HAZARDOUS WORK

Article 161. The minimum age for assignment to work in agriculture which by its nature or the circumstances in

which it is carried out is likely to harm the safety and health of young persons shall not be less than 18

years.


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accept, approve or accede to this Convention;

c.Parties present and voting means Parties present and casting an affirmative or negative vote.Article 3 Measures to reduce or eliminate releases from intentional production and use

Each Party shall:

1.Prohibit and/or take the legal and administrative measures necessary to eliminate:a. Its production and use of the chemicals listed in Annex A subject to the provisions of that Annex;

and

b. Its import and export of the chemicals listed in Annex A in accordance with the provisions ofparagraph 2; and

2.Restrict its production and use of the chemicals listed in Annex B in accordance Each Party shall takemeasures to ensure:

a. with the provisions of that Annex.That a chemical listed in Annex A or Annex B is imported only:

A. For the purpose of environmentally sound disposal as set forth in paragraph 1 (d) of Article 6; orB. For a use or purpose which is permitted for that Party under Annex A or Annex B;

a. exemption is in effect or a chemical listed in Annex B for which any production or use specificexemption or acceptable purpose is in effect, taking into account any relevant provisions inexisting international prior informed consent instruments, is exported only:

i.For the purpose of environmentally sound disposal as set forth in paragraph 1 (d) ofArticle 6;

ii.To a Party which is permitted to use that chemical under Annex A or Annex B; oriii.To a State not Party to this Convention which has provided an annual certification to the

exporting Party. Such certification shall specify the intended use of the chemical and

include a statement that, with respect to that chemical, the importing State iscommitted to:

That a chemical listed in Annex A for which any production or use specific

Protect human health and the environment by taking the necessary measures to minimize or prevent releases;

Comply with the provisions of paragraph 1 of Article 6; andComply, where appropriate, with the provisions of paragraph 2 of Part II of Annex B.The certification shall also include any appropriate supporting documentation, such as legislation, regulatory

instruments, or administrative or policy guidelines. The exporting Party shall transmit the certification to the

Secretariat within sixty days of receipt.C. exemptions are no longer in effect for any Party, is not exported from it except for the purpose of

environmentally sound disposal as set forth in paragraph 1 (d) of Article 6;

That a chemical listed in Annex A, for which production and use specificD. For the purposes of this paragraph, the term State not Party to this Convention shall include, with

respect to a particular chemical, a State or regional economic integration organization that has not

agreed to be bound by the Convention with respect to that chemical.3.Each Party that has one or more regulatory and assessment schemes for new pesticides or new industrial

chemicals shall take measures to regulate with the aim of preventing the production and use of new

pesticides or new industrial chemicals which, taking into consideration the criteria in paragraph 1 of AnnexD, exhibit the characteristics of persistent organic pollutants.

4.Each Party that has one or more regulatory and assessment schemes for pesticides or industrial chemicalsshall, where appropriate, take into consideration within these schemes the criteria in paragraph 1 of Annex

D when conducting assessments of pesticides or industrial chemicals currently in use.

5.Except as otherwise provided in this Convention, paragraphs 1 and 2 shall not apply to quantities of achemical to be used for laboratory-scale research or as a reference standard.

6.Any Party that has a specific exemption in accordance with Annex A or a specific exemption or anacceptable purpose in accordance with Annex B shall take appropriate measures to ensure that any

production or use under such exemption or purpose is carried out in a manner that prevents or minimizes

human exposure and release into the environment. For exempted uses or acceptable purposes that involve

intentional release into the environment under conditions of normal use, such release shall be to theminimum extent necessary, taking into account any applicable standards and guidelines.

Article 4Register of specific exemptions

1. A Register is hereby established for the purpose of identifying the Parties that have specific exemptions


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listed in Annex A or Annex B. It shall not identify Parties that make use of the provisions in Annex

A or Annex B that may be exercised by all Parties. The Register shall be maintained by the Secretariat

and shall be available to the public.2. The Register shall include:

a. A list of the types of specific exemptions reproduced from Annex A and Annex B;b. A list of the Parties that have a specific exemption listed under Annex A or Annex B; andc. A list of the expiry dates for each registered specific exemption.

3. Any State may, on becoming a Party, by means of a notification in writing to the Secretariat, registerfor one or more types of specific exemptions listed in Annex A or Annex B.

4. Unless an earlier date is indicated in the Register by a Party, or an extension is granted pursuant toparagraph 7, all registrations of specific exemptions shall expire five years after the date of entry into

force of this Convention with respect to a particular chemical.5. At its first meeting, the Conference of the Parties shall decide upon its review process for the entries in

the Register.

6. Prior to a review of an entry in the Register, the Party concerned shall submit a report to the Secretariatjustifying its continuing need for registration of that exemption. The report shall be circulated by the

Secretariat to all Parties. The review of a registration shall be carried out on the basis of all availableinformation. Thereupon, the Conference of the Parties may make such recommendations to the Partyconcerned as it deems appropriate.

7. The Conference of the Parties may, upon request from the Party concerned, decide to extend the expirydate of a specific exemption for a period of up to five years. In making its decision, the Conference of

the Parties shall take due account of the special circumstances of the developing country Parties and

Parties with economies in transition.8. A Party may, at any time, withdraw an entry from the Register for a specific exemption upon written

notification to the Secretariat. The withdrawal shall take effect on the date specified in the notification.9. When there are no longer any Parties registered for a particular type of specific exemption, no new

registrations may be made with respect to it.

Article 5 Measures to reduce or eliminate releases from unintentional production

Each Party shall at a minimum take the following measures to reduce the total releases derived fromanthropogenic sources of each of the chemicals listed in Annex C, with the goal of their continuing minimizationand, where feasible, ultimate elimination:

A. Develop an action plan or, where appropriate, a regional or subregional action plan within two yearsof the date of entry into force of this Convention for it, and subsequently implement it as part of itsimplementation plan specified in Article 7, designed to identify, characterize and address the release of the

chemicals listed in Annex C and to facilitate implementation of subparagraphs (b) to (e). The action plan

shall include the following elements:i. An evaluation of current and projected releases, including the development and maintenance of

source inventories and release estimates, taking into consideration the source categories identified

in Annex C;ii. An evaluation of the efficacy of the laws and policies of the Party relating to the management of

such releases;

iii. Strategies to meet the obligations of this paragraph, taking into account the evaluations in (i) and(ii);

iv. Steps to promote education and training with regard to, and awareness of, those strategies;v. A review every five years of those strategies and of their success in meeting the obligations of

this paragraph; such reviews shall be included in reports submitted pursuant to Article 15;

vi.

A schedule for implementation of the action plan, including for the strategies and measuresidentified therein;B. expeditiously achieve a realistic and meaningful level of release reduction or source elimination;

Promote the application of available, feasible and practical measures that can

C.Promote the development and, where it deems appropriate, require the use of substitute or modifiedmaterials, products and processes to prevent the formation and release of the chemicals listed in Annex C,

taking into consideration the general guidance on prevention and release reduction measures in Annex Cand guidelines to be adopted by decision of the Conference of the Parties;

D. Promote and, in accordance with the implementation schedule of its action plan, require the use ofbest available techniques for new sources within source categories which a Party has identified aswarranting such action in its action plan, with a particular initial focus on source categories identified in

Part II of Annex C. In any case, the requirement to use best available techniques for new sources in the


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categories listed in Part II of that Annex shall be phased in as soon as practicable but no later than four

years after the entry into force of the Convention for that Party. For the identified categories, Parties shall

promote the use of best environmental practices. When applying best available techniques and bestenvironmental practices, Parties should take into consideration the general guidance on prevention and

release reduction measures in that Annex and guidelines on best available techniques and best

environmental practices to be adopted by decision of the Conference of the Parties;E.Promote, in accordance with its action plan, the use of best available techniques and best environmental

practices:

i. For existing sources, within the source categories listed in Part II of Annex C and within sourcecategories such as those in Part III of that Annex; and

ii. For new sources, within source categories such as those listed in Part III of Annex C which aParty has not addressed under subparagraph (d).

When applying best available techniques and best environmental practices, Parties should take into considerationthe general guidance on prevention and release reduction measures in Annex C and guidelines on best available

techniques and best environmental practices to be adopted by decision of the Conference of the Parties;

F.For the purposes of this paragraph and Annex C:i. Best available techniques means the most effective and advanced stage in the development of

activities and their methods of operation which indicate the practical suitability of particulartechniques for providing in principle the basis for release limitations designed to prevent and,

where that is not practicable, generally to reduce releases of chemicals listed in Part I of Annex Cand their impact on the environment as a whole. In this regard:

ii. Techniques includes both the technology used and the way in which the installation isdesigned, built, maintained, operated and decommissioned;

iii. Available techniques means those techniques that are accessible to the operator and that aredeveloped on a scale that allows implementation in the relevant industrial sector, undereconomically and technically viable conditions, taking into consideration the costs and

advantages; andiv. Best means most effective in achieving a high general level of protection of the environment as

a whole;

v. Best environmental practices means the application of the most appropriate combination ofenvironmental control measures and strategies;

vi. New source means any source of which the construction or substantial modification iscommenced at least one year after the date of:

a. Entry into force of this Convention for the Party concerned; orb. Entry into force for the Party concerned of an amendment to Annex C where the source

becomes subject to the provisions of this Convention only by virtue of that amendment.

G. commitments for best available techniques under this paragraph.International Code ofConduct on the Distribution andUse of Pesticides

Article 5. Reducing health and environmental risks5.1 Governments should:5.1.1 implement a pesticide registration and control system along the lines set out in Article 6;5.1.2 periodically review the pesticides marketed in their country, their acceptable uses and their availability to

each sector of the public, and conduct special reviews when indicated by scientific evidence;5.1.3 carry out health surveillance programmes of those who are occupationally exposed to pesticides and

investigate, as well as document, poisoning cases;

5.1.4 provide guidance and instructions to health workers, physicians and hospital staff on the treatment ofsuspected pesticide poisoning (25);

5.1.5 establish national or regional poisoning information and control centres at strategic locations to provide

immediate guidance on first aid and medical treatment, accessible at all times (25);5.1.6 utilize all possible means for collecting reliable data and maintaining statistics on health aspects of

pesticides and pesticide poisoning incidents, with the objective of establishing the WHO harmonized

system for identifying and recording such data (25). Suitably trained personnel and adequate resourcesshould be made available to ensure the accuracy of information collected;

5.1.7 provide extension and advisory services and farmers' organizations with adequate information about

practical IPM strategies and methods, as well as the range of pesticide products available for use;5.1.8 ensure, with the cooperation of pesticide industry, that where pesticides are available through outlets

which also deal in food, clothing, medicines or other products for consumption or topical application,


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means for collecting reliable data, maintaining statistics on environmental

contamination and reporting specific incidents related to pesticides;

5.1.10 implement a programme to monitor pesticide residues in food and t0

e environment1

5.2 Even where a control scheme is in operation, pesticide industry should:

5.2.1 cooperate in the periodic reassessment ofthe pesticides which are marketed;

5.2.2 provide poison-control centres and medical practitioners with information about pesticide hazards and on

suitable treatment of pesticide poisoning;5.2.3 make every reasonable effortto reduce risks posed by pesticides by:

5.2.3.1 making less toxic formulations available;

5.2.3.2 introducing products in ready-to-use packages;

5.2.3.3 developing application methods and equipmentthat minimize exposure to pesticides;

5.2.3.4 using returnable and refillable containers where effective container collection systems are in place;

5.2.3.5 using containers that are not attractive for subsequent reuse and promoting programmes to discourage

their reuse, where effective container collection systems are notin place;

5.2.3.6 using containers that are not attractive to or easily opened by children, particularly for domestic use

products;

5.2.3.7 using clear and concise labelling.

5.2.4 halt sale and recall products when handling or use pose an unacceptable risk under any use directions or

restrictions.

5.3 Government and industry should cooperate in further reducing risks by:

5.3.1 promoting the use of proper and affordable personal protective equipment (5);

5.3.2 making provisions for safe storage of pesticides at both warehouse and farm level (26, 27);

5.3.3 establishing services to collect and safely dispose of used containers and small quantities ofleft-over

pesticides (28);

5.3.4 protecting biodiversity and minimizing adverse effects of pesticides on the environment (water, soil and

air) and on non-target organisms.

5.4 To avoid unjustified confusion and alarm among the public, concerned parties should consider all

available facts and should promote responsible information dissemination on pesticides and their uses.

5.5 In establishing production facilities of a suitable standard in developing countries, manufacturers and

governments should cooperate to:

5.5.1 adopt engineering standards and operating practices appropriate to the nature ofthe manufacturing

operations and the hazards involved, and ensure the availability of appropriate protective equipment;5.5.2 take all necessary precautions to protect workers, bystanders, surrounding communities and the

environment;

5.5.3 ensure the proper siting of manufacturing and formulating plants and adequately control wastes and

effluents;

5.5.4 maintain quality-assurance procedures to ensure compliance with the relevant standards of purity,

performance, stability and safety.

Rotterdam convention, Articles 1, 5, 6


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Documentcompi ed by BQS 22


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Documentcompi ed by BQS 23

UN declaration on Ri ts of the indi enous people, articles 21, 23, 24, 29

Arti2

l3

21

1.Indigenous peoples have the right, without discrimination, to the improvement oftheir economic and socialconditions, including, inter alia, in the areas of education, employment, vocationaltraining and retraining,

housing, sanitation, health and social security.

2.States shalltake effective measures and, where appropriate, special measures to ensure continuingimprovement oftheir economic and social conditions. Particular attention shall be paid to the rights and

special needs ofindigenous elders, women, youth, children and persons with disabilities.

Arti4

l5

23Indigenous peoples have the rightto determine and develop priorities and strategies for exercising their rightto

development. In particular, indigenous peoples have the rightto be actively involved in developing and

determining health, housing and other economic and social programmes affecting them and, as far as possible, to

administer such programmes through their own institutions.

Arti4

l5

24

1.Indigenous peoples have the rightto theirtraditional medicines and to maintain their health practices,including the conservation oftheir vital medicinal plants, animals and minerals. Indigenous individuals also

have the rightto access, without any discrimination, to all social and health services.

2.Indigenous individuals have an equal rightto the enjoyment ofthe highest attainable standard of physical


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and mental health. States shall take the necessary steps with a view to achieving progressively the full

realization of this right.

Article 29

1.Indigenous peoples have the right to the conservation and protection of the environment and the productivecapacity of their lands or territories and resources. States shall establish and implement assistanceprogrammes for indigenous peoples for such conservation and protection, without discrimination.


3.States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintainingand restoring the health of indigenous peoples, as developed and implemented by the peoples affected by

such materials, are duly implemented.

RAMSAR Wetlands preservationThe Convention on Wetlands text, as amended in 1982 and 1987

Convention on Wetlands of International Importance especially as Waterfowl Habitat

Ramsar, Iran, 2.2.1971

as amended by the Protocol of 3.12.1982

and the Amendments of 28.5.1987

Paris, 13 July 1994

Director, Office of International Standards and Legal Affairs

United Nations Educational, Scientific and Cultural Organization (UNESCO)

TheContracting Parties,

RECOGNIZING the interdependence of Man and his environment;

CONSIDERING the fundamental ecological functions of wetlands as regulators of water regimes and as habitats

supporting a characteristic flora and fauna, especially waterfowl;

BEING CONVINCED that wetlands constitute a resource of great economic, cultural, scientific, and recreational

value, the loss of which would be irreparable;

DESIRING to stem the progressive encroachment on and loss of wetlands now and in the future;

RECOGNIZING that waterfowl in their seasonal migrations may transcend frontiers and so should be regarded as

an international resource;

BEING CONFIDENT that the conservation of wetlands and their flora and fauna can be ensured by combining

far-sighted national policies with co-ordinated international action;

Have agreed as follows:

Article 1

1. For the purpose of this Convention wetlands are areas of marsh, fen, peatland or water, whether natural orartificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salt, including areas of

marine water the depth of which at low tide does not exceed six metres.

2. For the purpose of this Convention waterfowl are birds ecologically dependent on wetlands.

Article 2

1. Each Contracting Party shall designate suitable wetlands within its territory for inclusion in a List of Wetlands


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of International Importance, hereinafter referred to as "the List" which is maintained by the bureau established

under Article 8. The boundaries of each wetland shall be precisely described and also delimited on a map and

they may incorporate riparian and coastal zones adjacent to the wetlands, and islands or bodies of marine water

deeper than six metres at low tide lying within the wetlands, especially where these have importance as waterfowl

habitat.

2. Wetlands should be selected for the List on account of their international significance in terms of ecology,botany, zoology, limnology or hydrology. In the first instance wetlands of international importance to waterfowl

at any season should

Documents

Annex 2, Pertinent Clauses for Bonsucro Standard