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ILOand

International Labour Standards

Monique CloutierActrav

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Tripartism• Since its creation, the essential role of the ILO

has been the pursuit of cooperation between governments, employers and workers in furtherance of social justice with a view to universal and lasting peace

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ILO’s UNIQUE TRIPARTITE STRUCTURE

GOVERNMENTS EMPLOYERSWORKERS

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Scope of the ILO

Social justice

Better conditions of work

Standards setting Technical cooperation

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Structure of the ILO

Organs of the ILO

International Labour Conference180 Member States - G/E/W

Adopts standardsForum for discussion of critical issues

Governing Body56 Members

14E-14W-28GInternational Labour Office

Secretariat

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International

Labour Standards System

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Standards are the most important means that the ILO has to attain its objectives and ensure that the values enshrined in its Constitution are put into practice

Source: The ILO, standard setting and globalization, Report of the Director-General, ILC, 85th Session, 1997, p. 3

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Adoption of new standards•Participate in ILC•Reply to questionnaires and comment on texts

Submission of new standards to legislators – Report to ILO.

International Labour

Standards

•Supervision•Regular Supervision Reports on ratified Conventions•Complaints•Freedom of Association, special procedures

Denunciation

Reporting onNon-ratified Cs

and Rs

Ratification

Constitution

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International Labour Standards

– Source of protection for workers– Framework and bench marks for achieving:

•decent work•social and economic development that

respects fundamental principles and rights at work

– Tools for solving problems

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188 CONVENTIONS

• Adopted by the International Labour Conference

• Open to ratification

199 RECOMMENDATIONS

• Adopted by the International Labour Conference

• Not open to ratification

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CONVENTIONS

When ratified, legally binding

If not ratified, represent objectives and influence national law and practice

RECOMMENDATIONS

General or technical guidelines

Influence national law and practice

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UNIVERSALITY

Standards are set at world level and are valid for countries with very different social structures

FLEXIBILITY

The standards are set in a spirit of realism and effectiveness. Special circumstances can be taken into account. Flexibility provisions.

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Fundamental Conventions All Members have an obligation to respect their principles, irrespective of

ratification

• Forced Labour (Nos. 29 and 105)

• Freedom of Association and Collective Bargaining (Nos. 87, 98)

• Child Labour (Nos. 138, 182)

• Equality (Nos. 100, 111)

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International consensus in support of fundamental labour rights

• There is general acceptance by the international community of the value of international labour standards as a means to improve the conditions of employment and labour worldwide

• Core labour standards are “minimum rules” for labour in the global economy

• Core labour standards are goals and means of development

Report of the World Commission on the Social Dimension of Globalization: A Fair Globalization, Creating opportunities for all

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Fundamental conventions• 126 countries have ratified all 8 conventions• 17 countries have ratified 7• 10 countries have ratified 6• 11 countries have ratified 5• 6 countries have ratified 4• 3 countries have ratified 3• 2 have ratified 2• 1 have ratified 1 • 4 has ratified none

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ASI A Forced Labour Freedom of association Discrimination Child Labour

C. 29 C. 105 C. 87 C. 98 C. 100 C. 111 C. 138 C.182 Bangladesh X X X X X X X China X X X X Fiji X X X X X X X X I ndia X X X X I ndonesia X X X X X X X X Korea X X X X Malaysia X denounced X X X X Nepal X X X X X X Pakistan X X X X X X X X Philippines X X X X X X X X Sri Lanka X X X X X X XX X

Vanuatu X X X X X X X xX X

Vietnam X X X X

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AFRICA Forced Labour Freedom of association Discrimination Child Labour

C. 29 C. 105 C. 87 C. 98 C. 100 C. 111 C. 138 C.182 Ethiopia X X X X X X X X Gambia X X X X X X X X Ghana X X X X X X X Kenya X X X X X X X Mauritius X X X X X X X X Namibia X X X X X X X South Africa X X X X X X X X

Swaziland X X X X X X X X Zambia X X X X X X X X

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PPriority Conventionsriority Conventions

• The Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144)

• The Labour Inspection Convention, 1947 (No. 81) • The Labour Inspection (Agriculture) Convention,

1969 (No. 129) • The Employment Policy Convention, 1964 (No. 122)

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How Standards are Adopted

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• Problem

• Governing Body puts item on the agenda of the International Labour Conference

• Discussed at the Conference - normally over a two-year period (Double Discussion)

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First discussion

• Background report (law and practice) and questionnaire– Government replies, after consultation, comments from

Workers’ and Employers’ Organizations

• Second report – summarizes replies received and indicates questions for the Conference

• ILC Discussion – Committee, Report to Plenary

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Second discussion

• Draft texts of Conventions and/or Recommendation based on first discussion sent to Governments

– Governments, after consultations, suggest amendments, make comments, comments from Workers’ and Employers’ organizations

• Final report based on replies; text to be considered at ILC in second discussion

• ILC Discussion – Committee, Report to Plenary

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Adoption by 2/3 vote at ILC (Governments, workers, employers)

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Taking on the obligations of ILO Conventions

Submission

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Ratification

• Sovereign decision• Consent of competent authority• Communicate formal ratification to the

Director-General of the ILO• Government states intention to be bound

and to make effective the provisions of the Convention in law and practice

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• Conventions come into force for the ratifying country generally 12 months after ratification is registered (provided in each Convention)C.185 adopted in 2003: Revising the Seafarers’ Identity Documents Convention, 1958

Comes into force 6 months after 2 ratifications; for individual countries, 6 months after ratification registered

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Taking application of Conventions seriously

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RRegular and special supervisionegular and special supervision

• Regular supervision - Reports to ILO • Representations• Complaints• Special procedure concerning freedom of

association– allegations of infringements of trade union rights– applies whether or not relevant Convention ratified

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Reports on Ratified Conventions required under

Article 22 of the ILO Constitution

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Article 22 Reports

• Reports to be submitted by Governments– Consultation with employers’ and workers’

organizations required under Convention No. 144 on questions arising from the reports. Consult before sending to the ILO.

– If not ratified, application of art. 23 of the Constitution

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Article 22 Reports - Timetable

• Requested in February/March• Due between 1 June and 1 September• Reporting schedule prepared for each country on all

Conventions ratified• Reporting frequency

– Every two years: Fundamental and Priority Conventions– Every five years: Other Conventions

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Article 22 Reports – Timetable

• Could be requested more frequently – outside the normal schedule for the Convention– If report not sent, still due the next year– New ratification – send first report one year after

Convention comes into force in the country (2 years after ratification)

– The Committee of Experts may request a report sooner than the normal schedule (Footnote in its report)

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Social partners

• Communication to; consultation under Convention No. 144

• Observations – Valuable contributions, especially concerning practice.

Raise problems that can be addressed before rise to subject of complaint.

• Any comments Government wants to make on the observations of Employers, Workers?

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Role of Trade Unions

VERY IMPORTANT!

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Preparing the Report

• Can submit the report electronically

• Before sending, check:– Does the report refer to the reporting period?– Are the attachments included?– Does the report reply to the comments of the

Committee of Experts?

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What happens to the report?

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Committee of Experts• Members

– appointed by the Governing Body on the proposal of the Director-General

– Serve in personal capacity among completely impartial persons of technical competence and independent standing

– drawn from all parts of the world, in order that the Committee may enjoy first-hand experience of different legal, economic and social systems

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Presentation of report in the Plenary Sitting of the

International Labour Conference

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Reports on unratified Conventions

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Reports on Unratified Cs and Rs (Article 19)

• Committee of Experts makes a general survey every year of one particular subject, on the basis of reports required from all States.

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Reports on Unratified Cs and Rs (Article 19)

• General Surveys contain an analysis of domestic laws and comments by the Committee of Experts on their consistency with the instruments in question. Serve as a reference for the whole standard system.

• (timetable)

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RepresentationsComplaints

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RepresentationsRepresentations(Articles 24,25)

• National or international employers’ and workers’ organisations

Tripartite Committee of the Governing Body

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COMPLAINT (Article 26-29, 31-34)

• Government of Member State (both ratified)• Governing Body• Delegate to the Conference (G, E, W) Commission of Inquiry Governing

Body

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Special Procedure onFreedom of Association

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Special ProcedureFreedom of Association

• Governing Body Committee on Freedom of Association (CFA) - 50th Anniversary 2001

• Complaints whether Convention ratified or not• Receivable complaints go to government for comment• Examination by the Committee/possibility of direct

contacts• Recommendations adopted by the Governing Body

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Ending obligations under a Convention

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Denunciation

• Provision of Convention– 144: 10 years from coming into force (10-

year periods)

• Some as result of ratification of more recent Convention

• Communicate to ILO for registration

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Accessing information on international

labour standards

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• www.ilo.org

• International Labour Standards– ILOLEX– APPLIS– NATLEX– Cases of the Committee on Freedom of

Association (LibSynd)

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