The ILO, International Labour Standards and Supervisory Mechanisms

1. The ILO, International Labour Standards and Supervisory Mechanisms Presented by Cerilyn A. Pastolero Project Coordinator, ILO Manila

2. Key Points for Discussion What is the ILO? What are International Labour Standards? What are the ILO’s supervisory mechanisms? Improved understanding and appreciation of what the ILO does and the value of international labour standards

3. The International Labour Organization • Devoted to advancing decent work for women and men • UN Specialized agency • The only tripartite organization in the UN, employers and workers have equal voice with that of government • 185 member States • 40 field offices throughout the world

4. 4 Pillars of Decent Work 1. Rights At work 2.Employment Strategic Objectives 4. Social Dialogue 3. Social Protection

5. What the ILO Does • Set international standards & monitoring implementation • Provide technical assistance – Advisory services, Technical cooperation project • Promote development of employers' & workers' organizations • Foster dialogue between constituents • Research and statistics • Forums and training

6. Types of International Instruments Convention Recommendation (206 Protocol Resolution Declaration Guidelines Memorandum

7. Characteristics of standards Standards are set at the global level & are applicable to countries of different contexts UNIVERSALITY The standards are set in the spirit of realism & effectiveness FLEXIBILITY Reflects tripartite international consensus TRIPARTISM

8. National Standards should go above the International National Labour Standards Safety & Health Minimum Age Working Hours No Discrimination Maternity Protection Collective Bargaining FOA Minimum International Standards InternationalLabour Standards

9. What are the matters covered by ILS? All matters related to work, such as: Equality FOA, collective bargaining & industrial relations Forced labour Occupational safety & health & many other issues in the world of work Social Security Hours of work & rest Tripartite consultation Wages Employment policy and promotion Migrant workers Vocational guidance & training

10. Fundamental Conventions • Eight are up-to-date fundamental Conventions (Declaration on Fundamental Principles & Rights at Work, 1998) • FoA & collective bargaining • elimination of forced labour • abolition of child labour • elimination of discrimination at work • Four Conventions are governance Conventions • employment policy • labour inspection • labour inspection in agriculture • tripartite consultation Governance Conventions

11. Ratification • Official commitment to be bound by the requirements of a Convention under international law • Political decision • Cannot involve reservations • Consequences: (1) implementation of the Convention, both in law and in practice; (2) oversight by the supervisory mechanisms

12. How ratified Conventions should be implemented? National LawsLabour Standard LawTrade Union ActManpower Actetc… Must be Consistent ConventionArticle 1…Article 2…Article 3…Article 4… Must be Consistent Enforcement Practice Must be implemented properly Regular monitoring, check-up and technical support through“Supervisory Mechanism”

13. The ILO Supervisory Mechanisms

14. Supervisory Mechanism ILO has developed the supervisory mechanismto ensure/support the implementation ofratified Conventions by Member States Regular Reporting Mechanism Special Complaint Mechanism Special Mechanism for FOA

15. 2 Main Bodies under Regular Supervision

16. Value of Art.22 Report ( Regular Supervision) Gov. must provide additional information/ explanation to the CEACR ILO Workers’observations Committee of Experts on Application of Conventions and Recommendations Tripartite report (ideally) Government Dir. Request Observation Employers’observations Workers’Group • Annual Report ofthe Committee of Experts • Compilation of observations, interpretations, recommendations of the CEACR on non-observance and specific violation cases ILO Conference Committee on Application of Conventions & Recommendations 25 selectedserious cases Employers’Group

17. Content of Detailed Reports

18. Comments of CEACR

19. Reporting on ratified Conventions: CEACR

20. Special Procedures 1. “Representations” by employers’ or workers’ organizations (art. 24) 2. “Complaints” by member States or delegates to the International Labour Conference (art. 26) 3. Complaints alleging violation of FoA principles • Governing Body Committee on FoA • Regardless whether country is bound by Conventions on FoA.

21. CFA PROCEDURE: Government Complaint Insufficiently substantiated allegations Sufficiently substantiated allegations Director General • CFA • Considers government’s observations & may ask for further facts or statements from the complainant and/or government • Proposes conclusions and recommendations to the Governing Body * Average period before complaint is first filed is 10 months Governing Body CEACR to monitor actions taken in the case of ratified Conventions CFA to monitor actions taken

22. THANK YOU!!