your name The ILO, International Labour Standards and Supervisory Mechanisms Presented by Cerilyn A. Pastolero Project Coordinator, ILO Manila Presented by Cerilyn A. Pastolero Project Coordinator, ILO Manila

your name + Key Points for Discussion Improved understanding and appreciation of what the ILO does and the value of international labour standards Improved understanding and appreciation of what the ILO does and the value of international labour standards What are International Labour Standards? What is the ILO? What are the ILO’s supervisory mechanisms?

your name The International Labour Organization UN Specialized agency The only tripartite organization in the UN, employers and workers have equal voice with that of government 185 member States 40 field offices throughout the world Devoted to advancing decent work for women and men

your name 4 Pillars of Decent Work 3. Social Protection 4. Social Dialogue 1. Rights At work 2.Employment Strategic Objectives

your name What the ILO Does  Set international standards & monitoring implementation  Provide technical assistance – Advisory services, Technical cooperation project  Promote development of employers' & workers' organizations  Foster dialogue between constituents  Research and statistics  Forums and training

your name Types of International Instruments Convention Recommendation (206 Protocol GuidelinesMemorandum Declaration Resolution

your name ILS: What Are They? Two Main ILS Instruments CONVENTIONS International treaties Legally binding when ratified Sources for domestic laws Many topics (fundamental rights, technical or promotional Conventions) 185Conventions RECOMMENDATIONS Not open to ratification Not legally binding Provide general or technical guidelines for national action 203 Recommendations Protocols may only be ratified together with their Convention

your name Characteristics of standards Standards are set at the global level & are applicable to countries of different contexts The standards are set in the spirit of realism & effectiveness Reflects tripartite international consensus

your name National Standards should go above the International Safety & Health Maternity Protectio n No Discrimination National Labour Standards Minimum Age FOAFOA Collective Bargaining Working Hours International Labour Standards Minimum International Standards

What are the matters covered by ILS? All matters related to work, such as: FOA, collective bargaining & industrial relations Equality Social Security Employment policy and promotion Migrant workers & many other issues in the world of work Hours of work & rest Vocational guidance & training Forced labour Tripartite consultation Occupational safety & health Wages

your name Eight are up-to-date fundamental Conventions (Declaration on Fundamental Principles & Rights at Work, 1998) –FoA & collective bargaining –elimination of forced labour –abolition of child labour –elimination of discrimination at work Four Conventions are governance Conventions –employment policy –labour inspection –labour inspection in agriculture –tripartite consultation 11

your name Ratification Official commitment to be bound by the requirements of a Convention under international law Political decision Cannot involve reservations Consequences: (1) implementation of the Convention, both in law and in practice; (2) oversight by the supervisory mechanisms

your name How ratified Conventions should be implemented? How ratified Conventions should be implemented? Convention Article 1… Article 2… Article 3… Article 4… National Laws Labour Standard Law Trade Union Act Manpower Act etc… Practice Must be implemented properly Practice Must be Consistent Enforcement Regular monitoring, check-up and technical support through “Supervisory Mechanism” Must be Consistent

your name The ILO Supervisory Mechanisms A means to monitor & promote the application of standards based on tripartite dialogue The most elaborate & institutionalized international system of supervision

your name Supervisory Mechanism ILO has developed the supervisory mechanism to ensure/support the implementation of ratified Conventions by Member States Regular Reporting Mechanism Special Complaint Mechanism Special Mechanism for FOA

your name 2 Main Bodies under Regular Supervision

your name ILO Value of Art.22 Report ( Regular Supervision) Government ILO Annual Report of the Committee of Experts Compilation of observations, interpretations, recommendations of the CEACR on non-observance and specific violation casesCompilation of observations, interpretations, recommendations of the CEACR on non-observance and specific violation cases Employers’ Group Committee of Experts on Application of Conventions and Recommendations Tripartite report (ideally) Workers’ observations Employers’ observations Observation Dir. Request Conference Committee on Application of Conventions & Recommendations Workers’ Group Gov. must provide additional information/ explanation to the CEACR 25 selected serious cases

your name Regular Supervision 18

your name Content of Detailed Reports Authorities responsible & their activiies for enforcing relevant laws, regulations, etc. Judiicial or administrative decisions General evaluation by the govt on the application of the Convention Observations of W & ECommunication of copies of reports to E and W

your name Observations Direct requests used to help countries w/ difficulties of a technical nature, w/c alerts & triggers the Office to respond to such requests Suggestions of use of technical assistance- Comments of CEACR

your name Reporting on ratified Conventions: CEACR Comments: by Convention and Country Observation Published in its report Reasons for issuing Existence of a serious divergence in law & practice Persistent non-response to previous comments Comments made by a W or E Request of the Conference Committee on Application of Standards to have the matter included in the Committee’s report Showing progress in law and practice

your name Special Procedures 1. “Representations” by employers’ or workers’ organizations (art. 24) 2. “Complaints” by member States or delegates to the International Labour Conference (art. 26) 3. Complaints alleging violation of FoA principles – Governing Body Committee on FoA – Regardless whether country is bound by Conventions on FoA. 22

your name CFA PROCEDURE: Complaint Government Director General Insufficiently substantiated allegations Sufficiently substantiated allegations CFA Considers government’s observations & may ask for further facts or statements from the complainant and/or government Proposes conclusions and recommendations to the Governing Body CFA Considers government’s observations & may ask for further facts or statements from the complainant and/or government Proposes conclusions and recommendations to the Governing Body Governing Body CFA to monitor actions taken CEACR to monitor actions taken in the case of ratified Conventions * Average period before complaint is first filed is 10 months

your name THANK YOU!!