International Training Centre of the ILO Introduction to ILO and its International Labour Standards System: the Role of Trade Unions Turin, October 2010 www.itcilo.org International Training Centre of the ILO
International Training Centre of the ILO www.itcilo.org International Training Centre of the ILO
International Training Centre of the ILO www.itcilo.org International Training Centre of the ILO
International Training Centre of the ILO www.itcilo.org International Training Centre of the ILO
International Labour Standards Conventions International treaties When ratified, are legally binding If not ratified, could represent legal objectives and influence national legislation 188 Conventions Recommendations Not open to ratification Not legally binding Provide general or technical guidelines on national policy and practice 200 Recommendations Protocols www.itcilo.org International Training Centre of the ILO
International Training Centre of the ILO www.itcilo.org International Training Centre of the ILO
The Double-discussion Procedure Suggestions from governments, workers, employers, ILO Office, UN Agencies, etc. Role of social partners: GOVERNING BODY Participation OFFICE: I Report Governments Consultation OFFICE: II Report Governments Consultation TRIPARTITE CONFERENCE COMMITTEE First discussion Participation OFFICE: III Report Governments Consultation OFFICE: IV Report Governments Consultation TRIPARTITE CONFERENCE COMMITTEE Second discussion Participation CONFERENCE PLENARY Adoption Participation www.itcilo.org International Training Centre of the ILO
International Training Centre of the ILO Standard-Setting First Discussion Second Discussion 2009 - Strengthening national responses to HIV/Aids in the world of work ( with a view to the adoption of an autonomous Recommendation) 2010 - Decent work for Domestic workers (Standard setting) 2011 www.itcilo.org International Training Centre of the ILO
Ratification of Conventions Is the formal commitment by a member State to give effect, both in law and in practice, to the provisions of a Convention and to accept international supervision
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
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
The Regular Supervisory Process Governments send reports Social partners may comment 1st June – 1st September INTERNATIONAL LABOUR OFFICE November & December COMMITTEE OF EXPERTS ON THE APPLICATION OF CONVENTIONS AND RECOMMENDATIONS examines reports, comments and related information Direct requests sent to the government and the social partners in the country concerned Observations published in the CEACR’ Report February March TRIPARTITE CONFERENCE COMMITTEE ON THE APPLICATION STANDARDS examines the CEACR’ Report and discusses a selection of cases June INTERNATIONAL LABOUR CONFERENCE discusses and adopts the Committee’s Report in plenary
Consists of 20 persons With eminent qualifications n the legal field The Committee of Experts on the Application of Conventions and Recommendations Consists of 20 persons With eminent qualifications n the legal field Appointed by the Governing Body upon proposal made by the Director-general Appointed for renewable 3 year term Independent, impartial and objectives
The Conference Committee on the Application of Standards Consists of well over 150 members From the three groups of delegates and advisers Charged with examination of the Committee of Experts’ Report and discussion of selected cases
Special systems of supervision REPRESENTATIONS (ART. 24) AND COMPLAINTS (ART. 26) Only when the Convention concerned is ratified FREEDOM OF ASSOCIATION PROCEDURES Even if the Convention concerned has not been ratified
Trade unions are invited to have an active role in: Elaboration and adoption of ILS Submission to the competent authorities Promotion of ratification and implementation Sending comments on the application of ratified conventions (article 22) the effect given to recommendations and non ratified conventions (article 19) Filing complaints Following up the comments and recommendations of the supervisory bodies www.itcilo.org International Training Centre of the ILO