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THE ILO,THE INTERNATIONAL LABOUR STANDARDS SYSTEM AND THE ILO SUPERVISORY MECHANISMS Erythrea trade union training on the ILS , ILO Declaration, and Freedom of Association Asmara (Erythrea), 26-30 November 2007. PLAN FOR THE MORNING Why International Labour Standards (ILS)?
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THE ILO,THE INTERNATIONAL LABOUR STANDARDS SYSTEM AND THE ILO SUPERVISORY MECHANISMS Erythrea trade union training on the ILS , ILO Declaration, and Freedom of Association Asmara (Erythrea), 26-30 November 2007
PLAN FOR THE MORNING • Why International Labour Standards (ILS)? • How are ILS adopted? • What are their characteristics? • How do ILO’s bodies supervise their application? • What is the role of social partners/tripartism?
INTERNATIONAL LABOUR ORGANIZATION Reminder • was created in 1919 • is a United Nations specialised agency • has 181 member States • is the only worldwide organization founded on a tripartite structure
PRINCIPLE OF TRIPARTISM Reminder • tripartism means active interaction among the governments, workers and employers as representative, equal and independent social partners • the tripartite structure of the ILO enables the representatives of workers and employers to participate on an equal footing with those of governments in all discussion and the process of decision-making
ILO STRUCTURE Reminder International Labour Conference 4 delegates per member States 1 workers’ delegate 2 governments’ delegates 1 employers’ delegate Governing Body 14 workers’ representatives 28 governments’ representatives 14 employers’ representatives International Labour Office
ILO OBJECTIVES: why ILS? • universal and lasting peace can be established only if it is based on social justice • conditions of labour exist involving injustice, hardship and privation to large numbers of people as to produce unrest, so great that the peace and harmony of the world are imperilled, and an improvement of those conditions is urgently required • the failure of any nation to adopt humane conditions of labour is an obstacle in the way of other nations which desire to improve the conditions in their own countries Preamble to the ILO Constitution
ILO MEANS OF ACTION standard-setting • setting of international labour standards • adoption by the International Labour Conference • supervision of the application by member States technical cooperation • promotion of the objectives established by international labour standards research and information
ILS FORMS Conventions • are international treaties • when ratified, are legally binding • 188 Conventions until 2007 (76 considered up-to date) Recommandations • are not open to ratification • are not legally binding • provide guidelines • 199 Recommendations until 2007 (80 considered up- to date)
ILS CHARACTERISTICS • universality • flexibility • tripartism: reserves are not accepted • adaptability
FIELDS COVERED BY ILS • Basic human rights • Employment • Social policy • Labour administration • Industrial relations • Conditions of work • Social security • Employment of women • Employment of children and young persons • Migrant workers • Indigenous and tribal people • Other special categories of workers
FUNDAMENTAL CONVENTIONS • Freedom of Association and Protection of the Right to Organise Convention , 1948 (No. 87) • Right to Organise and Collective Bargaining Convention, 1949 (No. 98) • Forced Labour Convention, 1930 (No. 29) • Abolition of Forced Labour Convention, 1957 (No. 105) • Equal Remuneration Convention, 1951 (No. 100) • Discrimination (Employment and Occupation) Convention, 1958 (No. 111) • Minimum Age Convention, 1973 (No. 138) • Worst Forms of Child Labour Convention, 1999 (No. 182)
DOUBLE-DISCUSSION PROCEDURE Suggestions from Gvts, Workers, Employers, ILO Office, UN Agencies, etc. Participation Governing Body ILO Office I Report Governments Consultation ILO Office II Report Governments Consultation Tripartite Conference Committee FIRST DISCUSSION Participation ILO Office III Report Governments Consultation ILO Office IV Report Governments Consultation Tripartite Conference Committee SECOND DISCUSSION Participation Conference Plenary ADOPTION Participation
SUBMISSION • obligation to submit all new Conventions and Recommendations to the legislative national authorities, in the 12 months or, exceptionally, 18 months following the adoption Article 19 of the ILO Constitution • obligation to inform the Director-General on the measures taken to submit the instruments Article 19, par. 5, 6 and 7 of the ILO Constitution • obligation to send copies of the information on submission to the most representative workers’ and employers’ organizations Article 23, par. 2 of the ILO Constitution
RATIFICATION • formal commitment by a member State to be bound by the provisions of a Convention under international law • political decision • cannot involve reservations • consequences: 1.implementation of the Convention, both in law and in practice 2.exposure to supervisory mechanisms
Some ILS current issues • Discussion on a possible recommendation on HIV/AIDS • Project on economic dynamics of international labour standards
ILO SYSTEMS OF CONTROL regular system of supervision • based on the ratification of a Convention and a reporting obligation on the measures taken to give effect to the provisions of the instrument special systems of supervision • involve cases of specific allegations against a member State
REGULAR SYSTEM OF SUPERVISION • obligation to submit reports on the measures taken to give effect to the provisions of a ratified Convention, both in law and practice Article 22 of the ILO Constitution • obligation to send copies of the reports on ratified Conventions to the most representative workers’ and employers’ organizations Article 23, par. 2 of the ILO Constitution
PERIODICITY every 2 years for fundamental and priority Conventions • Freedom of Association and Protection of the Right to Organise Convention , 1948 (No. 87) • Right to Organise and Collective Bargaining Convention, 1949 (No. 98) • Forced Labour Convention, 1930 (No. 29) • Abolition of Forced Labour Convention, 1957 (No. 105) • Equal Remuneration Convention, 1951 (No. 100) • Discrimination (Employment and Occupation) Convention, 1958 (No. 111) • Minimum Age Convention, 1973 (No. 138) • Worst Forms of Child Labour Convention, 1999 (No. 182) • Employment Policy Convention, 1964 (No. 122) • Labour Inspection Convention, 1947 (No. 81) • Labour Inspection (Agriculture) Convention, 1969 (No. 129) • Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) every 5 years for other Conventions
COMMITTEE OF EXPERTS ON THE APPLICATION OF CONVENTIONS AND RECOMMENDATIONS 20 persons • with eminent qualifications in the legal or social fields • appointed by the Governing Body upon proposal made by the Director-General • appointed for 3 year term, being renewable • independent, impartial and objectives characteristics • decisions taken unanimously, although majority required • sittings held in private • documentary evidence
TRIPARTITE CONFERENCE COMMITTE ON THE APPLICATION OF STANDARDS usually well over 150 members • from the three groups of delegates and advisers characteristics • specially established to examine and discuss the CEACR’s Report • decisions taken by consensus, although voting required • provides opportunity for direct international dialogue on the implementation of ILS
PROCEDURE Governments’ information and reports Social partners’ comments 1st June – 1st September INTERNATIONAL LABOUR OFFICE COMMITTEE OF EXPERTS THE APPLICATION OF CONVENTIONS AND RECOMMENDATIONS November Direct requests sent to the government and the social partners in the country concerned February Observations published in its Report March CONFERENCE COMMITTEE ON THE APPLICATION STANDARDS June Report submitted to the plenary sitting of the INTERNATIONAL LABOUR CONFERENCE
SPECIAL SUPERVISORY MACHINERY representations articles 24 and 25 of the ILO Constitution complaints articles 26 to 29 and 31 to 34 of the ILO Constitution • both require that the Convention concerned be ratified freedom of association procedure • allegations may be brought against member States even if they have not ratified the Convention concerned
CONDITIONS OF RECEIVABILITY OF THE REPRESENTATION the representation must: • be in writing • emanate from an industrial organization of workers or employers • specifically refer to article 24 of the ILO Constitution • concern a member of the ILO • refer to a ratified Convention • indicate in what respect the member has not ensured the effective observance of the Convention within its jurisdiction
REPRESENTATION PROCEDURE (ART. 24) Workers’ or employers’ organization INTERNATIONAL LABOUR OFFICE COMMITTEE ON FOA if the representation Involves FOA GOVERNING BODY decision on receivability TRIPARTITE AD HOC COMMITTEE report with conclusions and recommendations GOVERNING BODY report examination and deliberation decides whether to publish the representation and any government reply decision communicated to the organization and government concerned
COMPLAINT PROCEDURE (ART. 26) Any ratifying member State Governing Body International Labour Conference delegate GOVERNING BODY COMMISSION OF INQUIRY report including conclusions and recommendations GOVERNING BODY If the government implements the recommendations If the government does not accepts the recommendations CEACR/CFA/ILC follows-up on the implementation of the recommendations may refer the complaint to the ICJ for a final decision