International Training Centre of the ILO The ILO and the International Labour Standards System (Tzehainesh Teklè, Turin, Italy, 3 December 2010) www.itcilo.org International Training Centre of the ILO

International Labour Organization Founded in 1919 UN specialized agency Fundamental documents: Constitution (1919) Declaration of Philadelphia (1944) Declaration on Fundamental Principles and Rights at Work (1998) Declaration on Social Justice for a Fair Globalization (2008) 183 Member States The only international tripartite organization www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO ILO structure Tripartite structure Governments Employers Workers www.itcilo.org International Training Centre of the ILO

ILO Structure (cont’d) International Labour Conference 4 delegates per member State 1 worker delegate 2 government delegates 1 employer delegate Governing Body 14 worker representatives 28 government representatives 14 employer representatives International Labour Office www.itcilo.org International Training Centre of the ILO

ILO fundamental principles: Labour is not a commodity Freedom of expression and of association are essential to sustained progress All human beings, irrespective of race, creed or sex, have the right to pursue both their material well being and their spiritual development in conditions of freedom and dignity, of economic security and equal opportunity Declaration of Philadelphia (1944) www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO Implications “the attainment of the conditions in which this shall be possible must constitute the central aim of national and international policy” “all national and international policies and measures, in particular those of an economic and financial character, should be judged in this light and accepted only in so far as they may be held to promote and not to hinder the achievement of this fundamental objective” Declaration of Philadelphia, art. II (b) and (c) www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO ILO goals Promotion of social justice Decent Work: "The primary goal of the ILO today is to promote opportunities for women and men to obtain decent and productive work, in conditions of freedom, equity, security and human dignity" “The ILO is concerned with all workers” (ILO, Decent Work, Report of the Director General, ILC, 87th Session, 1999) www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO Decent work Four pillars: rights at work income and job opportunities social protection social dialogue www.itcilo.org International Training Centre of the ILO

International labour standards (ILS) CONVENTIONS International treaties When ratified are legally binding If not ratified, are sources of inspiration for domestic law Supervisory mechanisms 188 Conventions* (as of December 2010) RECOMMENDATIONS Not open to ratification Not legally binding Provide general or technical guidelines for national action 200 Recommendations* (as of December 2010) *Not all up-to-date www.itcilo.org International Training Centre of the ILO

Subjects covered by ILS Freedom of association, collective bargaining and industrial relations Forced labour Elimination of child labour and protection of children and young persons Equality of opportunity and treatment Tripartite consultation Labour administration and inspection Employment policy and promotion Vocational guidance and training Employment security Social policy Wages Working time Occupational safety and health Social security Maternity protection Migrant workers Seafarers Fishers Dockworkers Indigenous and tribal peoples Specific categories of workers Social policy www.itcilo.org International Training Centre of the ILO

ILO Fundamental Conventions and 1998 Declaration Freedom of association and right to collective bargaining (C. 87 and C.98) Elimination of forced labour (C. 29 and C. 105) Abolition of child labour (C. 138 and C. 182) Elimination of discrimination (C. 100 and C. 111) 1998 Declaration on fundamental principles and rights at work: Even if they have not ratified the fundamental Conventions, all ILO member States have an obligation to respect, promote and realize fundamental rights and principles at work No. 87 No. 98 No. 105 No. 29 No.138 No. 182 No. 100 No. 111 www.itcilo.org International Training Centre of the ILO

ILO supervisory mechanisms REGULAR SYSTEM OF SUPERVISION Based on the obligation to report on the application of each ratified Convention SPECIAL SYSTEMS OF SUPERVISION Involve cases of specific allegation of violations against a Member State www.itcilo.org International Training Centre of the ILO

Functions of the ILO supervisory bodies Supervise the respect of ILO Member States obligations stemming from ILS In so doing, clarify the meaning and scope of ILS provisions Through their action, a body of “case law” has been progressively built up www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO Regular supervision Two main ILO bodies Committee of Experts on the Application of Conventions and Recommendations (CEACR) Conference Committee on the Application of Standards www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO CEACR COMPOSITION 20 members (high-level judges and lawyers; independent and impartial) Universal nature Appointment by the Governing Body upon proposal made by the Director General Appointment for a three-year renewable term CHARACTERISTICS Decides by consensus (though voting is possible) Uses documentary information www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO Comments by the CEACR OBSERVATIONS Serious and long-standing cases of failure to comply with ratified Conventions Cases of progress Published in the CEACR’s Report DIRECT REQUESTS Directly sent to governments (not published in the annual Report of the CEACR) Can also highlight failure to comply with ratified Conventions that do not justify an observation yet www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO Conference Committee Permanent Committee of the ILC Tripartite Follow-on work from the Committee of Experts’ General Report Select individual countries to respond to contraventions of Conventions identified by the CEACR Summary of proceedings and comments are published www.itcilo.org International Training Centre of the ILO

Interest of the CEACR’s work Inform on the conformity of domestic law with ILO ratified Conventions Clarify the meaning and scope of the provisions of ILO Conventions and Recommendations www.itcilo.org International Training Centre of the ILO

Special systems of supervision REPRESENTATIONS (ART. 24) AND COMPLAINTS (ART. 26) Require that the Convention concerned is ratified FREEDOM OF ASSOCIATION PROCEDURES Even if the Convention concerned has not been ratified www.itcilo.org International Training Centre of the ILO

Group work How can ILS be used by workers and trade unions? www.itcilo.org International Training Centre of the ILO