1. Trade Union Training on Promoting and Defending the Rights of Domestic Workers (10 to 14 December 2012, Kisumu, Kenya) ITCILO/ACTRAV Course A1-55170 Trade Union Training on Promoting and Defending the Rights of Domestic Workers (10 to 14 December 2012, Kisumu, Kenya) An Introduction to ILO and International Labour Standards An Introduction to ILO and International Labour Standards

2. International Labour Organization History:  Founded in 1919  The only surviving major creation of the Treaty of Versailles which brought the League of Nations into being  Became the 1 st specialized Agency of the United Nations in 1948  The only worldwide tripartite organization  Comprises 185 member States Structure:  International Labour Conference (ILC) held in every June in Geneva  ILO Governing Body held in March, June & November (November meeting will moved to October as of 2013)  International Labour Office as the Secretariat Mandate:  Seeks the promotion of social justice and internationally recognized human and labour rights  Decent Work is ILO’s key policy direction: - Promoting decent and productive employment - Promoting decent and productive employment -Promoting ILS -Promoting ILS -Promoting social security and social protection -Promoting social security and social protection -Promoting social dialogue -Promoting social dialogue

3. ILO Objectives and Principles  Universal and lasting peace can be established only if it is based upon social justice;  Labour is not a commodity to be traded in the same way as goods, services or capital, and that human dignity demands equality of treatment and fairness in dealing with the workplace;  Freedom of expression and 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 […] equal opportunities.

4. Tripartism  Tripartism is the active participation of workers and employers, together with governments, in all ILO activities;  The tripartite structure of the ILO enables the representatives of workers and employers to participate on an equal footing with those of governments in all discussion and the process of decision-making.

5. ILO Means of Action Standard Setting Activities  Elaboration & adoption of international labour standards  Supervision of member States’ application of international labour standards Technical Cooperation  Promotion of the objectives established by the international labour standards Knowledge Development and Dissemination  Undertake a range of research activities and publish the findings Publication  Books, Manuals, Journals, Campaign Materials, etc.

6. What is the Function of the ILO?  Standard Setting: -Elaborating ILS -Elaborating ILS -Adopting ILS -Adopting ILS -Promoting ILS -Promoting ILS -Supervising ILS -Supervising ILS  Provides technical assistance;  Promotes the development of independent workers’ and employers’ organizations;  Provides training and advisory services to workers’ & employers’ organizations.

7. What are the Reasons for ILS?  Improve the living and working conditions of workers  Consolidate social peace  Equalize conditions for international competition Preamble to the ILO Constitution,1919

8. What Are ILS? CONVENTIONS  International treaties  When ratified are legally binding  If not ratified, are sources of inspiration for national law and policies  189 Conventions RECOMMENDATIONS  Not open to ratification  Not legally binding  Provide general or technical guidelines for national action  202 Recommendations PROTOCOLS  Partially revise connections  5 Protocols

9. The ILO Protocols  P081 – Protocol of 1995 to the Labour Inspection Convention, 1947  P089 – Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948  P110 – Protocol of 1982 to the Plantations Convention, 1958  P147 – Protocol of 1996 to the Merchant Shipping (Minimum Standards) Convention, 1976  P155 – Protocol of 2002 to the Occupational Safety and Health Convention, 1981

10. Other ILO Legal Instruments  Declarations  Resolutions  Codes of Practice

11. What are the Characteristics of ILS?  Universal – set at the world level  Flexible – set respecting the needs of all member States  Tripartite - expression of international agreement  Minimum protection - fix minimum level of protection  International supervision - their application is subject to an international control

12. What Subjects are 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 Social policy Wages Wages Working time Working time Occupational safety and health Occupational safety and health Social security Social security Maternity protection Maternity protection Migrant workers Migrant workers Seafarers Seafarers Fishers Fishers Dockworkers Dockworkers Indigenous and tribal peoples Indigenous and tribal peoples Specific categories of workers Specific categories of workers

13. ILO Core Conventions C87 Freedom of Association and Protection of the Right to Organise, 1948C87 Freedom of Association and Protection of the Right to Organise, 1948 C98 Right to Organise and Collective Bargaining, 1949C98 Right to Organise and Collective Bargaining, 1949 C29 Forced Labour, 1930C29 Forced Labour, 1930 C105 Abolition of Forced Labour, 1957C105 Abolition of Forced Labour, 1957 C138 Minimum Age, 1973C138 Minimum Age, 1973 C182 Worst Forms of Child Labour, 1999C182 Worst Forms of Child Labour, 1999 C100 Equal Remuneration, 1951C100 Equal Remuneration, 1951 C111 Discrimination (Employment and Occupation), 1958C111 Discrimination (Employment and Occupation), 1958 ILO Declaration on Fundamental Principles and Rights at Work, 1998 All ILO Member States, even if they have not ratified the fundamental Conventions, have an obligation to respect, promote and realize the fundamental rights and principles at work, because of their membership in the Organization These rights are universal, and that they apply to all people in all States, regardless of the level of economic development ILO member States that have not ratify one or more of the core Conventions are asked each year to report on the status of the relevant rights and principles, noting impediments to ratification, and areas where assistance may be required FOA Forced Labour Child Labour Equality

14. ILO Governance Conventions  C81 Labour Inspection, 1947  C129 Labour Inspection (Agriculture), 1969  C122 Employment Policy, 1964  C144 Tripartite Consultation (International Labour Standards), 1976 ILO Declaration on Social Justice for a Fair Globalization, 2008 These Conventions are significant from the viewpoint of governance Labour Inspection Employment Policy Tripartite Consultation

15. How are ILS created?  Problem identified   Item put on the ILC Agenda (by GB or ILC with 2/3 majority)   Item discussed at the ILC - once (SINGLE DISCUSSION) - once (SINGLE DISCUSSION) - twice (DOUBLE DISCUSSION) - twice (DOUBLE DISCUSSION)   Instrument adopted with a 2/3 majority of delegates present at the ILC

16. GOVERNING BODY Suggestions from governments, workers, employers, ILO Office, UN agencies, etc. Participation Governments Consultation Governments TRIPARTITE CONFERENCE COMMITTEE First discussion Consultation Participation Governments TRIPARTITE CONFERENCE COMMITTEE Second discussion Consultation CONFERENCE PLENARY Adoption Participation Governments Consultation OFFICE: 3rd Report OFFICE: 4th Report OFFICE: 2nd Report OFFICE: 1st Report Adoption Process CONFERENCE ITEM

17. Submission of ILS  A Constitutional obligation (Art. 19(5-7) of the ILO Constitutions  WHAT: all newly adopted ILS  WHEN: within 12 or, exceptionally, 18 months following the adoption  TO WHOM: national authorities with power to legislate

18. Ratification of ILO Conventions  Formal commitment by a member State to give effect, in law and in practice, to the provisions of a Convention  Exposure to international control on the application  Exposure to international control on the application  Reservations not allowed  7,822 ratifications registered

19. Total No. of ratifications registered since 1919

20. Fundamental and Governance Conventions

21. ConventionsC87C98C29C105C100C111C138C182 Total: 185151161175172169170163175 % of world population covered by ratification 74,675.245.949.694.491.370.381 Africa (54)485253 515351 Americas (35)3332343533 3034 Arab States (11)3611 710 11 Asia (34)1720262227232128 Europe (51)5051 Ratifications of fundamental Conventions by region

22. How are ILS Supervised? REGULAR SYSTEM OF SUPERVISION  Based on the obligation to report on the application of each ratified Convention (Art. 22 ILO Constitution) SPECIAL SYSTEMS OF SUPERVISION  Involve cases of specific allegations of violation by a Member State All involve, directly or indirectly, the social partners

23.  ARTICLE 22 ILO CONSTITUTION: Member States obligation to periodically report to the ILO on the application, in law and in practice, of each ratified Convention Member States obligation to periodically report to the ILO on the application, in law and in practice, of each ratified Convention  ARTICLE 23(2) ILO CONSTITUTION: Member States obligation to communicate copies of the reports on the application of ratified Conventions to the most representative organizations of employers and workers Member States obligation to communicate copies of the reports on the application of ratified Conventions to the most representative organizations of employers and workers

24. Reporting Cycle 3-YEAR CYCLE (3-YEAR CYCLE FROM 2012) C87 Freedom of Association and Protection of the Right to Organise, 1948C87 Freedom of Association and Protection of the Right to Organise, 1948 C98 Right to Organise and Collective Bargaining, 1949C98 Right to Organise and Collective Bargaining, 1949 C29 Forced Labour, 1930C29 Forced Labour, 1930 C105 Abolition of Forced Labour, 1957C105 Abolition of Forced Labour, 1957 C138 Minimum Age, 1973C138 Minimum Age, 1973 C182 Worst Forms of Child Labour, 1999C182 Worst Forms of Child Labour, 1999 C100 Equal Remuneration, 1951C100 Equal Remuneration, 1951 C111 Discrimination (Employment and Occupation), 1958C111 Discrimination (Employment and Occupation), 1958 C144 Tripartite Consultation, 1976C144 Tripartite Consultation, 1976 C122 Employment Policy, 1964C122 Employment Policy, 1964 C81 Labour Inspection, 1947C81 Labour Inspection, 1947 C129 Labour Inspection (Agriculture), 1969C129 Labour Inspection (Agriculture), 1969 5-YEAR CYCLE  Other Conventions NOTE: CYCLES CAN BE ALTERED! Fundamental Governance

25. Contd.: Bodies Involved STEP 1: COMMITTEE OF EXPERTS ON THE APPLICATION OF CONVENTIONS AND RECOMMENDATIONS (CEACR)  November/December each year  Independent, technical analysis STEP 2: CONFERENCE COMMITTEE ON THE APPLICATION OF STANDARDS  June year after  Tripartite discussion

26. Regular Supervision: Procedure GOVERNMENTS SUBMIT REPORTS ON RATIFIED CONVENTIONS EMPLOYERS AND WORKERS MAY COMMENT COMMITTEE OF EXPERTS REVIEWS REPORTS, COMMENTS AND RELATED DOCUMENTS COMMITTEE OF EXPERTS SENDS DIRECT REQUEST TO GOVERNMENT, AND EMPLOYERS’ AND WORKERS’ ORGANIZATIONS COMMITTEE OF EXPERTS PUBLISHES AN OBSERVATION IN ITS ANNUAL REPORT OR CONFERENCE DISCUSSES AND ADOPTS THE CONFERENCE COMMITTEE’S REPORT IN PLENARY G W E TRIPARTITE COMMITTEE AT THE CONFERENCE DISCUSSES THE REPORT AND A SELECTION OF OBSERVATIONS

27. Contd.: Bodies Involved STEP 1: COMMITTEE OF EXPERTS ON THE APPLICATION OF CONVENTIONS AND RECOMMENDATIONS (CEACR)  November/December each year  Independent, technical analysis STEP 2: CONFERENCE COMMITTEE ON THE APPLICATION OF STANDARDS  June year after  Tripartite discussion

28. Contd.: CEACR Comments OBSERVATIONS  Serious or long-standing cases of failure to comply with ratified Conventions  Cases of progress  Published in the CEACR Report DIRECT REQUESTS  Matters of secondary importance or technical questions  Sent to governments and social partners

29. Contd.: CEACR Report PART 1  General Report PART 2  Observations concerning particular countries PART 3  General Survey (as a separate volume)

30. Special Procedures CONSTITUTIONAL PROCEDURES (representations Art. 24 ILO Constitution & complaints Art. 26 ILO Constitution)  For ratified Conventions only  For ratified Conventions only FREEDOM OF ASSOCIATION PROCEDURES  Regardless of ratification  Regardless of ratification

31. Constitutional Procedures REPRESENTATIONS (Under Art. 24)  By an industrial association of workers or employers  Examined by ad hoc GB Committee (if it is on FoA by the CAS) Follow-up by the Follow-up by the COMPLAINTS (under Art. 26)  By a member State which ratified the same Convention, ILC delegate(s), or GB  Examined by a Commission of Inquiry CEACR

32. Representations (Art. 24): Receivability  From industrial workers’ or employers’ organizations  In writing  Specifically refers to Article 24 of the ILO Constitution  Concerns an ILO member  Refers to a ratified Convention  Indicates in what respect the member has not ensured the effective observance of the ratified Convention

33. Representations (Art. 24): Procedure REPRESENTATION BY EMPLOYERS’ OR WORKERS’ ORGANIZATIONS IS SUBMITTED TO THE ILO ILO INFORMS THE GOVERNMENT CONCERNED AND SUBMITS REPRESENTATION TO GOVERNING BODY GOVERNING BODY SENDS REPRESENTATION TO COMMITTEE ON FREEDOM OF ASSOCIATION GOVERNING BODY APPOINTS TRIPARTITE COMMITTEE GOVERNING BODY DECIDES NOT TO RECEIVE THE REPRESENTATION TRIPARTITE COMMITTEE ASKS GOVERNMENT FOR INFORMATION AND SUBMITS REPORT WITH FIND- INGS AND RECOM- MENDATIONS GOVERNING BODY ASKS FOR A COMMISSION OF INQUIRY TO DEAL WITH THE MATTER AS A COMPLAINT GOVERNING BODY MAKES FINDINGS, ADOPTS REPORT, AND PASSES CASE TO COMMITTEE OF EXPERTS FOR FOLLOW-UP OR

34. Committee on Freedom of Association  Established in 1951  GB tripartite organ: 6 representatives from each group + independent Chair  Members sit on their individual capacity  Meets three times a year (March, May and November)  Sittings are private and documents are confidential  Examines complaints regardless of ratification  Not subject to prior exhaustion of national remedies  Written procedure (direct contacts missions possible)  Decisions taken unanimously  Reports are published

35. FoA Complaints: Receivability  From governments, workers’ or employers’ organizations National, having direct interest in the matter National, having direct interest in the matter International, having consultative status with the ILO International, having consultative status with the ILO International, where allegations relate to matters directly affecting affiliated organizations International, where allegations relate to matters directly affecting affiliated organizations  From exiled or dissolved organizations  In writing  Signed by a representative entitled to make a complaints  Supported by evidence

36. Continues… 1. Case calls for no further examination 2. Interim conclusions and recommendations 3. Conclusions and recommendations asking to keep the CFA informed of developments 4. Definitive conclusions and recommendations

37. Complaints (Art. 26): Procedure GOVERNING BODY MAY APPOINT A COMMISSION OF INQUIRY MEMBER STATE OR INTERNATIONAL LABOUR CONFERENCE DELEGATE OR GOVERNING BODY INITIATES COMPLAINT GOVERNING BODY FORWARDS COMPLAINTS CON- CERNING TRADE UNION RIGHTS TO COMMITTEE ON FREEDOM OF ASSOCIATION GOVERNING BODY NOTES REPORT AND PASSES CASE TO COMMITTEE OF EXPERTS FOR FOLLOW-UP COMMISSION OF INQUIRY INVESTIGATES COMPLAINT AND ADOPTS REPORT WITH RECOMMENDATIONS ILO PUBLISHES REPORT GOVERNING BODY MAY TAKE ACTION UNDER ARTICLE 33 OROR

38. THANK YOU FOR YOUR ATTENTION!

39. Any Questions?