Combating discrimination- international legal instruments Presentation by Rudi Delarue, 14 April 2009, Brussels, civil society facility Director of the ILO Brussels Office (liaison office to the EU and the Benelux countries)

The International Labour Organization Specialised UN agency but tripartite decision making system Key recent milestones for ILO June 2008 Declaration on social justice for a fair globalisation: formalises decent work agenda and provides tools for its implementation Adopted by full global consensus (182 ILO Member states tripartie delegations) Explicit EU support for decent work agenda and strengthening social dimension of globalisation Renewed commitment to ratification and application of international labour standards (including Convention 100 and 111 on equal pay m/w and non- discrimination) Non discrimination and equal treatment also considered as crosscutting issues Some recent pressing key issues Addressing current financial, economic and employment crisis

Specialised UN agency but founded before UN The only tripartite organization in the UN family Employers’ and Workers’ representatives have an equal voice with that of Governments Founded in 1919, emerged with League of Nations from the Treaty of Versailles Became first UN specialized agency in 1946 Headquartered in Geneva, Switzerland 182 Member States 2500 staff at HQ and 40 field offices (including 2 liaison offices: Brussels to EU and New York to UN) International Training Center in Turin, Italy Nobel Peace Prize in 1969

What the ILO Does… Formulates international policies and programmes to promote decent work (including sustainable enterprises). Adopts international labour standards: conventions (binding after ratification) and recommendations (to serve as guidelines for national authorities in putting policies into action). Supervision of ILO Conventions, constitutional principles of freedom of association and collective bargaining ILO Membership includes obligations (freedom of association, collective bargaining) and also the 1998 Declaration on fundamental rights and principles at work (including non discrimination at work and equal pay m/w for work of equal value) and the June 2008 Declaration Implements technical cooperation programmes and projects to assist countries in making these policies and standards effective in practice. Conducts training, education, knowledge basis and research, publishing activities to help advance all of these efforts.

Key milestones for ILO 1919 Constitution 1944 Declaration of Philadelphia : Conventions 87 and 98 on freedom of association and collective bargaining 1949: ILO migration for Employment Convention N°97 (and Convention N° 175 in 1975) 1951: ILO equal pay Convention N° 100 and Committee on freedom of association (CFA) 1958: ILO dicrimination (employment and occupation) Convention N° : MNE Declaration (CSR) 1983 ILO persons with disabilities Convention N° ILO Indignous and tribal people Convention N° UN Convention on migrant workers June 1998: ILO Declaration on Fundamental Rights and Principles at Work and follow-up system ILO code of practice on HIV/AIDS and world of work 2004: World Commission on Social Dimension of Globalisation 2005 UN MDG Summit: DW and fair globalisation 2005: ILO multilateral framework on managing labour migration 2006 ILO Maritime labour Convention 2006 UN Convention on persons with disabilities January 2008: Decent Work as MDG 1 B target June 2008: ILO Declaration on Social Justice for a Fair Globalisation: DW agenda June 2009: first reading of new recommendation on HIV/AIDS and world of work

Key update of mandate in June ILO Declaration on social justice for a fair globalisation : the decent work agenda Most important update since 1944 Philadelphia Declaration Broader and of a different nature than 1998 Declaration on Fundamental Rights and Principles at Work 1944, 1998 and 2008 Declarations: texts of a “constitutional nature“

2008 ILO Declaration on social justice for a fair globalisation : the decent work agenda Decent work agenda consists of 4 pillars: Full and productive employment (including sustainable enterprises) Rights at work (including fundamental rights at work enshrined in 8 Conventions and the 1998 Declaration) Social Protection (social security, labour protection) Social Dialogue and Tripartite Consultation gender and non discrimination also cross cutting issues Up to date ILO labour standards and other ILO instruments underpin DW agenda

Core labour standards and EU 1. Core labour standards: All EU 27 have ratified 8 CLS conventions since 2007: No. 29, Forced Labour Convention, 1930 No. 87, Freedom of Association and Protection of the Right to Organize Convention, 1948 No. 98, Right to Organize and Collective Bargaining Convention, 1949 No. 100, Equal Remuneration Convention, 1951 No. 105, Abolition of Forced Labour Convention, 1957 No. 111, Discrimination (Employment and Occupation Convention, 1958 No. 138, Minimum Age Convention, 1973 No. 182, Worst Forms of Child Labour Convention, CLS part of entry package for EU enlargement

Other up to date ILO international labour standards and EU 2. In total 76 up to date ILO standards including 8 CLS: Renewed European Social Agenda: Promotion of the ratification and application by EU MS of ILO Conventions classified by ILO as up to date Promotion of decent work agenda both in EU and elsewhere (Lisbon strategy, acquis, EU social dialogue, external) European Consensus on Development of 20/12/05 (EC, EP, Council) and 2006 EC external assistance regulation (DW actions are eligible for EC co-funding) European Council Declaration on Globalisation (December 2007) EU enlargement

ILO Brussels Office Priorities: Promotion of DW and fair globalisation in EU internal and external policies ILO- EU partnership: exchange of letters of 2001 and partnership in the field of development EC important donor EU as global actor also DW in EU (e.g. ratification and application of up to date ILO Conventions) Short term priorities: 90 th anniversary ILO (week of 27 April 2009) Reponse to crisis Improving ratification of up to date conventions by Belgium, Netherlands and Lux. and by all other EU MS Promoting DW in EU external policy and action One UN

EU and ILO: key evolutions EEC to EC to EU: from internal market to global player From competitors in regulation (night work story) to partners in harnessing globalisation and sustainable development e.g.: Recommendations of 2004 World Commission on social dimension of globalsiation Promoting core labour standards, other standards and DW in EU trade, development, external assistance, political dialogue, bilateral agreements, EU enlargement and positions in UN system 2008 ILO Declaration

EU and ILO/UN : key evolutions EU is not a member of UN system (EU Member states are not all in favour of stronger EU role) But EU plays a growing role through EU coordination and EU positions (EC observer position in ILO ) Growing dialogue between EU and other regions plays also a positive role inside ILO institutional meetings (e.g ILO Declaration, maritime convention, managing migration) EC part of 2006 UN Convention on persons with disabilities

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