Treaties and International Law

ILO Convention 160 Concerning Labour Statistics, 1985 (cited as the Labour Statistics Convention, 1985) done at Geneva on 25 June 1985

National Interest Analysis

Date of Proposed Binding Treaty Action

1. An Instrument of Ratification will be deposited with the International Labour Organisation (ILO) following consideration of the Convention in accordance with the international treaty examination process. The Convention entered into force on 24 April 1988. It will enter into force for New Zealand twelve months after the date on which its ratification has been registered with the Director General of the ILO.

Reasons For New Zealand to Become Party to the Convention

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Advantages

2. It is assessed that there are a number of advantages to New Zealand of the Convention entering into force for New Zealand, namely:

1. as part of a current process of examining labour standards for their continuing relevance, the ILO Governing Body is promoting the ratification of Convention 160 to those member States who are party to the older Convention 63, now considered to be outdated
2. 
   Convention 160 provides a more comprehensive system for statistical reporting than Convention 63, aiming for enhanced international comparability. Whereas Convention 63 is restricted to statistics relating to wages and hours of work, Convention 160 requires ratifying States to regularly collect, compile and publish ‘basic labour statistics’, including: population; employment and unemployment; earnings and hours of work; wage structure and distribution; labour cost; consumer price indices; household expenditure; occupational injuries; occupational diseases; and industrial disputes. Convention 160 requires ratifying States to compile the statistics in such a way as are representative of the whole country and/or all branches of economic activity, while Convention 63 only requires the collection of data from specified areas of the workforce. Convention 160 offers greater flexibility in terms of reporting timeframes
3. 
   ratification of the Convention would be consistent with New Zealand’s support for the view of the Director-General of the ILO that the organisation should become a centre of excellence for research and analysis. In order to conduct a high standard of independent analysis, the ILO must have access to good quality statistical information, and Convention 160 is intended to produce improved statistical reporting
4. New Zealand’s ratification of Convention 160 would thus demonstrate its support for the ILO and its objectives, and for transparency in international reporting on labour statistics.

Disadvantages

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3. It is assessed that there are no disadvantages to New Zealand of the Convention entering into force for New Zealand. While the range of statistics to be collected, compiled and published would increase under the Convention, the Government 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

4. No specific economic, social, cultural or environmental effects have been identified from either the Convention entering into force or not entering into force. The Convention supports New Zealand’s belief in the long-term social benefits of the ILO having access to quality, comprehensive, internationally comparable data with which to work.

Obligations arising from the Convention

5. By ratifying this Convention, New Zealand would undertake to:

1. regularly collect, compile and publish basic labour statistics in the subject areas of: population; employment and unemployment; earnings and hours of work; wage structure and distribution; labour cost; consumer price indices; household expenditure; occupational injuries; occupational diseases; and industrial disputes
2. compile the statistics in a way that are representative of the whole country and/or all branches of economic activity
3. communicate the published statistics to the ILO as soon as practicable
4. consult with the Government’s social partners in respect of devising or revising concepts, definitions or methodology.

Reporting requirements on Compliance

6. Ratification of the Convention would result in ongoing reporting requirements to the ILO. The reporting requirements apply to all member States that have ratified ILO Conventions and will be the same as the current reporting obligations for Convention 63. One year after the Convention would come into force for New Zealand, the Government would be required to provide a detailed report to the ILO on the situation with regard to New Zealand’s domestic law and practice as they comply with the provisions of the Convention. Further detailed reports would be required every five years after the first report. These reports would be scrutinised by supervisory bodies established by the ILO to have responsibility for regular supervision of the observance by member States of their standards-related obligations.

Reservations

7. The provisions of the Convention allow ratifying States to limit their acceptance of the obligations of the Convention, in that they may limit the subject areas and/or the scope of the statistics upon which they commit to report until such future time that they consider they are able to do so. New Zealand would not need to stipulate any limitations on the acceptance of the obligations of the Convention as it is assessed that New Zealand will be in a position to fully comply with the obligations.

Costs

8. It is assessed that there are no associated costs to achieve the ongoing fulfilment of New Zealand’s obligations under the Convention.

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Future Protocols

9. At this stage there are no plans by the ILO to adopt any subsequent protocols or other amendments to the Convention.

Implementation

10. An assessment of law, policy and practice with the provisions of the Convention indicates that the existing mechanisms for data collection, compilation and publication will be sufficient to fulfil New Zealand’s obligations under the Convention without the need for any legislative changes.

Consultation

11. Relevant Government Departments have been consulted.

12. The NZCTU and NZEF have been consulted and both organisations support ratification.

Withdrawal or Denunciation of the Convention

13. The Convention allows a member State to denounce the Convention after the expiration of ten years from the date on which the Convention first comes into force, by notifying the Director-General of the International Labour Office in writing. Such denunciation cannot take effect until one year after the date on which it is registered.

14. If a member State that has ratified the Convention 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 the Convention, it will be bound for another period of ten years and, thereafter, may denounce the Convention at the expiration of each period of ten years.

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