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Treaties and International Law

ILO Convention 63 Concerning Statistics of Wages and Hours of Work, 1938 (cited as the Convention concerning Statistics of Wages and Hours of Work, 1938) done at Geneva on 20 June 1938.

National Interest Analysis

Date of Proposed Binding Treaty Action

1. The denunciation of Convention 63 is automatic and consequential upon the ratification of Convention 160, which Cabinet is being asked to approve (refer to the National Interest Analysis for ratification of ILO Convention 160 concerning Labour Statistics, 1985).

Reasons For New Zealand to Denounce the Convention

Advantages

2. The denunciation of Convention 63 upon ratification of Convention 160 is to ensure that a member State ratifying Convention 160 is not bound by the earlier Convention 63.

3. Convention 160 provides a more comprehensive system for statistical reporting than Convention 63, resulting in enhanced international comparability. It extends the range of statistics covered, requires statistics to be representation of the whole country and/or all branches of economic activity, and offers greater flexibility in terms of reporting timeframes.

4. For a discussion of the comparative advantages of ratifying Convention 160, refer to paragraph 2b of the National Interest Analysis for Convention 160.

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Disadvantages

5. It is assessed that there are no identifiable disadvantages to New Zealand resulting from the denunciation of Convention 63. While the range of statistics to be collected, compiled and published would increase under the Convention, New Zealand already collects the Statistics required by the Convention and currently provides the majority of these statistics to the ILO.

Economic, social, cultural and environmental effects

6. No specific economic, social, cultural or environmental effects have been identified as resulting from the denunciation of Convention 63.

Obligations

7. It is assessed that there are no obligations to New Zealand arising out of the denunciation of Convention 63.

Costs

8. It is assessed that there are no costs to New Zealand arising out of the denunciation of Convention 63.

Future Protocols

9. New Zealand would not be bound by any future protocols to Convention 63 once Convention 160 is ratified. In any event, it is not anticipated that there will be any future protocols for Convention 63 as the ILO Governing Body is promoting the ratification of Convention 160 to those member States who are party to the earlier Convention 63.

Implementation

10. As no legislative action was required to implement Convention 63, there are no consequential legislative amendments required following denunciation.

Consultation

11. The relevant Government Departments have been consulted.

12. The NZCTU and NZEF have been consulted and both organisations support the ratification of Convention 160, which would result in the automatic denunciation of Convention 63.

Withdrawal and Denunciation of the Convention

13. The mechanism for denunciation is contained within Convention 63. The Convention states that, should the International Labour Conference adopt a new Convention revising it in whole or in part, then, unless the new Convention otherwise provides, the ratification by a member State of the new revising Convention shall result in the immediate denunciation of Convention 63. Convention 160 expressly revises Convention 63, such as to make this denunciation provision apply for any States becoming party to Convention 160.

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Page last updated: Monday, 14 March 2011 16:10 NZDT