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Turin 04-07-2007
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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