1. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 1 International Labour Standards and their Supervision Turin, 19/03/2013

2. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 2 1. When was the ILO created? 2. What is the mandate of the ILO? 3. How many member States does the ILO have? 4. What is the main characteristic of the ILO? 5. What are the main bodies of the ILO? 6. What are the means of action of the ILO? Part I: Let’s start with the ILO

3. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 3 1. Founded in 1919, with the Treaty of Versailles (in 1946 became first UN specialized agency) 2. Promotes social justice and decent work for all 3. Universal membership: 185 member States 4. Tripartite organization with governments, employers and workers participating on equal footing in all discussion and decision-making process 5. International Labour Conference + Governing Body + International Labour Office 6. Normative action + Technical cooperation and assistance + Research, training, and information The ILO in 6 bullet points

4. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 4 1. What are the reasons for ILS? 2. What are ILS? 3. What subjects do ILS cover? 4. What are the main characteristics of ILS? 5. How are ILS created? 6. How are ILS used? 7. How are ILS supervised? 8. Where to find additional information on ILS and their application? Part II. Let’s explore the ILS system

5. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 5 What are the reasons for ILS? Improve the living and working conditions of workers Consolidate social peace Equalize conditions for international competition Preamble ILO Constitution,1919

6. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 6 What are ILS? CONVENTIONS International treaties open to ratification When ratified, are legally binding If not ratified, are sources of inspiration Total:189 (77 up-to-date) RECOMMENDATIONS Not open to ratification; not legally binding Can complement Conventions, or be adopted alone Provide guidelines for national policy Total: 202 (82 up-to-date)

7. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 7 ILO Fundamental Conventions FREEDOM OF ASSOCIATION AND COLLECTIVE BARGAINING C87 Freedom of Association and Protection of the Right to Organise, 1948 C98 Right to Organise and Collective Bargaining, 1949 FORCED LABOUR C29 Forced Labour, 1930 C105 Abolition of Forced Labour, 1957 CHILD LABOUR C138 Minimum Age, 1973 C182 Worst Forms of Child Labour, 1999 EQUALITY OF OPPORTUNITY AND TREATMENT C100 Equal Remuneration, 1951 C111 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 one or more fundamental Conventions, have an obligation to respect, promote and realize the fundamental rights and principles at work, because of their membership in the Organization

8. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 8 ILO Governance Conventions LABOUR INSPECTION C81 Labour Inspection, 1947 C129 Labour Inspection (Agriculture), 1969 EMPLOYMENT POLICY C122 Employment Policy, 1964 TRIPARTITE CONSULTATION 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

9. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 9 What subjects do ILS cover? 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 HIV/AIDS Seafarers Fishers Dockworkers Indigenous and tribal peoples Specific categories of workers

10. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 10 What are the characteristics of ILS? TRIPARTISM Are the fruit of a tripartite consensus MINIMUM PROTECTION Fix a minimum level of protection UNIVERSALITY Are set at the world level FLEXIBILITY Take into account the needs of all ILO member States

11. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 11 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 - twice (DOUBLE DISCUSSION) - once (SINGLE DISCUSSION)  ILS adopted with a 2/3 majority of delegates present at the ILC - Office prepares reports - Constituents discuss and provide inputs

12. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 12 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: III Report OFFICE: IV Report OFFICE: II Report OFFICE: I Report Role of social partners: Adoption of ILS: double discussion

13. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 13 Submission of ILS Constitutional obligation of member States to bring all newly adopted ILS to the attention of national authorities with power to legislate (Art. 19, paras. 5, 6 and 7 ILO Constitution) Timeframe: within 12 or, exceptionally, 18 months following adoption

14. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 14 Ratification of ILO Conventions Formal commitment by a member State to be bound by the provisions of the Convention under international law Involves exposure to international control on the implementation in law and in practice Reservations are not allowed Total: 7,868

15. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 15 How are ILS used? TRADITIONAL USE BY GOVERNMENTS As models and targets for labour law As guidelines for social policy OTHER TYPES OF USE BY OTHER ACTORS As sources of international law applied at the domestic level by tribunals and courts In corporate social responsibility In international framework agreements In free trade agreements By other international organizations and NGOs

16. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 16 How are ILS supervised? REGULAR SUPERVISION Based on member States obligation to report on the application of each ratified Convention (Art. 22 ILO Constitution) SPECIAL PROCEDURES Based on specific allegations of violation by a member State (complaint-based)

17. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 17 Regular supervision: elements and bodies Involves: examination of periodic reports on the application, in law and in practice, of each ratified Convention (Art. 22 ILO Constitution) & possible participation by social partners with comments (Art. 23 para. 2 ILO Constitution) PERIODICITY OF REPORTS 1. 3 years for fundamental and governance Conventions 2. 5 years for the others (but cycles can be altered!) BODIES INVOLVED 1. Committee of Experts on the Application of Conventions and Recommendations (acronym: CEACR), technical and independent 2. Conference Committee on the Application of Standards (acronym: ILCCR), tripartite and universal

18. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 18 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

19. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 19 Special procedures CONSTITUTIONAL PROCEDURES 1. Representations (Art. 24 ILO Constitution) 2. Complaints (Art. 26 ILO Constitution) Of general application, for any ratified Convention FREEDOM OF ASSOCIATION PROCEDURES For infringements of trade union rights Regardless of ratification of the relevant Conventions

20. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 20 REPRESENTATIONS Submitted by: employers’ or workers’ organizations Examined by: Ad hoc Committee, tripartite COMPLAINTS Submitted by: any Member State that has ratified the Convention, one or more delegates at the ILC, the GB Examined by: Commission of Inquiry (acronym: COI), independent FREEDOM OF ASSOCIATION COMPLAINTS Submitted by: governments, employers’ or workers’ organizations Examined by: Committee on Freedom of Association (acronym: CFA), tripartite Special procedures: elements and bodies

21. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 21 Representations: procedure REPRESENTATION BY EMPLOYERS’ OR WORKERS’ ORGANIZATION 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 IF ON FOA 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 ADOPTS REPORT, AND PASSES THE CASE TO COMMITTEE OF EXPERTS FOR FOLLOW-UP OR

22. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 22 Complaints: procedure GOVERNING BODY MAY APPOINT A COMMISSION OF INQUIRY MEMBER STATE OR INTERNATIONAL LABOUR CONFERENCE DELEGATE OR GOVERNING BODY INITIATES THE COMPLAINT 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 OF ILO CONSTITUTION

23. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 23 CFA: creation and composition Created in 1951 Governing Body tripartite organ: 6 representatives from each group Chaired by an independent person Members sit on their individual capacity

24. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 24 CFA: meetings and characteristics Meets three times a year (March, May and November) Private sittings Written procedure (direct contacts missions possible) May examine complaints regardless of ratification Not subject to prior exhaustion of national remedies Decisions taken unanimously

25. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 25 Complaints to the CFA: receivability From governments, workers’ and employers’ organizations:  national, having direct interest in the matter  international, having consultative status with the ILO  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 complaint Supported by evidence Not purely political in nature Not on an issue previously addressed by the CFA, unless it contains new elements

26. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 26 CFA conclusions and recommendations 1. Case calls for no further examination 2. Interim conclusions and recommendations when additional information is needed 3. Conclusions and recommendations asking to keep the CFA informed of developments 4. Definitive conclusions and recommendations

27. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 27 Freedom of association: procedure GOVERING BODY ADOPTS THE REPORT COMPLAINT IS SUBMITTED TO THE COMMITTEE ON FREEDOM OF ASSOCIATION BY GOVERNMENTS, EMPLOYERS’ OR WORKERS’ ORGANIZATIONS DIRECT CONTACTS MISSION MAY BE INITIATED G W E COMMITTEE REVIEWS COMPLAINT AND EITHER RECOMMENDS NO FURTHER ACTION, OR ISSUES RECOMMENDATIONS AND REQUESTS GOVERNMENT TO KEEP IT INFORMED ABOUT IMPLEMENTATION FOLLOW-UP BY THE COMMITTEE ON FREEDOM OF ASSOCIATION IF THE GOVERNMENT HAS RATIFIED RELEVANT CONVENTIONS, THE CASE MAY ALSO BE REFERRED TO THE COMMITTEE OF EXPERTS FOR FOLLOW-UP

28. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 28 NORMLEX = database on ILS and their application (with ratification information, reporting requirements, comments of the ILO's supervisory bodies), incorporating national legislation on labour and social rights http://www.ilo.org/normlex NORMES website (with ILS news and key documents and publications) http://www.ilo.org/global/standards/lang-- en/index.htm Where to find additional info on ILS?

29. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 29 THANK YOU! Maura Miraglio Programme Officer International Labour Standards, Rights at Work and Gender Equality Programme m.miraglio@itcilo.org