1. Standards and Fundamental Principles and Rights at Work: a brief introduction to the fundamental rights

2. The ILO Constitution : “Whereas universal and lasting peace can be established only if it based upon social justice” The Declaration of Philadelphia, 1944:  labour is not a commodity;  freedom of expression and of association are essential to sustained progress;  poverty anywhere constitutes a danger to prosperity everywhere;  the war against want requires to be carried on with unrelenting vigour within each nation…with a view to the promotion of the common welfare.”  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 of equal opportunity.

3. Towards the ILO Declaration on Fundamental Principles and Rights at Work and its follow-up  1995 World Summit for Social development in Copenhagen to safeguard and promote “basic workers’ rights” in order to achieve sustained economic growth and sustainable development  the commitment by the 1996 Singapore WTO Ministerial Conference to the “observance of internationally recognized core labour standards” ILO Declaration on Fundamental Principles and Rights at Work and its follow-up

4. FPRWs: which principles and rights?  Freedom of association and the effective recognition of the right to collective bargaining  The elimination of all forms of forced or compulsory labour  The effective abolition of child labour  The elimination of discrimination in respect of employment and occupation

5. FPRWs: what is so fundamental about them?  They are enabling rights (These rights are a precondition for all the others in that they provide a necessary framework from which to strive freely for the improvement of individual and collective conditions of work)  They have received unanimous and universal acceptance  Their realisation is not dependent upon the stage of socio-economic development

6. Core labour principles and rights Declaration on fundamental principles and rights at work  FPRW are embodied in the ILO Constitution. As emphasized in the preparatory work for the 1998 Declaration, “fundamental rights are not fundamental because the Declaration says so; the Declaration says that they are fundamental because they are”.  These rights and principles are classified as fundamental, not to establish hierarchies, nor in disregard of other international labour standards. Rather, as indicated in the Social Justice Declaration, FPRW are instrumental in promoting international labour standards in general, as a key means of achieving all the constitutional objectives of the Organization.  However, their role and impact transcend the specific obligations deriving from the ratification of these Conventions. As recalled in the 1998 Declaration, all member States, even if they have not ratified these instruments, have an obligation arising from the very fact of membership in the Organization to respect, to promote and to realize the principles concerning fundamental rights at work, and the ILO has a corresponding obligation to assist its Members in this respect.

7. FPRW are set out in the eight fundamental Conventions, as well as in a number of other ILO standards. Fundamental PrinciplesFundamental Conventions Freedom of association and the effective recognition of the right to collective bargaining Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) Right to Organise and Collective Bargaining Convention, 1949 (No. 98) The elimination of all forms of forced or compulsory labour Forced Labour Convention, 1930 (No. 29) Abolition of Forced Labour Convention, 1957 (No. 105) The effective abolition of child labour Minimum Age Convention, 1973 (No. 138) Worst Forms of Child Labour Convention, 1999 (No. 182) The elimination of discrimination in respect of employment and occupation Equal Remuneration Convention, 1951 (No. 100) Discrimination (Employment and Occupation) Convention, 1958 (No. 111)

8. Follow up three ways to help countries, employers and workers achieve the full realization of the Declaration’s objective:  Annual Review Reports composed of reports from countries that have not yet ratified one or more of the ILO Conventions that directly relate to the specific principles and rights stated in the Declaration. This reporting process provides Governments with an opportunity to state what measures they have taken towards achieving respect for the Declaration. It also gives organizations of employers and workers a chance to voice their views on progress made and actions taken.  Global Reports which provides a dynamic global picture of the current situation of the principles and rights expressed in the Declaration. The Global Report is an objective view of the global and regional trends on the issues relevant to the Declaration and serves to highlight those areas that require greater attention. It serves as a basis for determining priorities for technical cooperation.  Technical Cooperation Projects, the third way to give effect to the Declaration, are designed to address identifiable needs in relation to the Declaration and to strengthen local capacities thereby translating principles into practice.

9. These ILO Conventions have been identified as fundamental, and are at times referred to as the core labour standards:  Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)  Right to Organise and Collective Bargaining Convention, 1949 (No. 98)  Forced Labour Convention, 1930 (No. 29)  Abolition of Forced Labour Convention, 1957 (No. 105)  Minimum Age Convention, 1973 (No. 138)  Worst Forms of Child Labour Convention, 1999 (No. 182)  Equal Remuneration Convention, 1951 (No. 100)  Discrimination (Employment and Occupation) Convention, 1958 (No. 111)

10. FREEDOM OF ASSOCIATION AND THE EFFECTIVE RECOGNITION OF THE RIGHT TO COLLECTIVE BARGAINING  Freedom of association cannot be fully exercised in a context in which civil liberties are not respected.  Freedom of association and collective bargaining are vital in enabling employers and workers “to establish rules in the field of working conditions, including wages, to pursue more general claims and to reconcile their respective interests  Workers’ and employers’ organizations are major tools for labour market governance and for the development of industrial relations systems that are vectors of stability, progress and economic and social prosperity.  All member States, even if they have not ratified the Conventions in question have, on the one hand, an obligation arising from the very fact of membership in the ILO to respect, to promote and to realize the principles concerning fundamental rights which are the subject of these Conventions

11. THE ELIMINATION OF DISCRIMINATION IN RESPECT OF EMPLOYMENT AND OCCUPATION  Equality and non-discrimination in employment and occupation is a fundamental principle and human right which all women and men are entitled.  The first Convention adopted by the ILO with this specific objective is the Equal Remuneration Convention, beside the Recommendation 90 tackling the principle of equal remuneration for men and women for work of equal value.  After the war, the necessity to move steps towards equality in society was a claim impossible to postpone. This objective, however, was not achievable without the elimination of discrimination in all areas of employment. Therefore, seven years later Convention 111 was adopted as the first comprehensive instruments dealing specifically with equality and non-discrimination in respect of employment and occupation The two conventions are mutually reinforcing and interlinked

12. THE ELIMINATION OF ALL FORMS OF FORCED OR COMPULSORY LABOUR  As serious violations of human dignity and personal autonomy, forced labour contribute to the persistence of the cycle of poverty.  victims of forced labour face great difficulties in gaining access to fair employment opportunities and in developing their occupational skills.  Freedom from forced or compulsory labour is a cornerstone of the decent work concept and one of the most basic human rights coming within the competence of the ILO. The two fundamental ILO Conventions on the subject, are C029 and C105.  The provisions of the two conventions with the scope of banning forced or compulsory labour, have great relevance in achieving a wider scope: the protection of vulnerable groups from exploitation, enslavement. The universality of these norms is anchored in the principle of non-discrimination pertaining to all.

13. Facts and figures  Almost 21 million people are victims of forced labour – 11.4 million women and girls and 9.5 million men and boys.  Almost 19 million victims are exploited by private individuals or enterprises and over 2 million by the state or rebel groups.  Of those exploited by individuals or enterprises, 4.5 million are victims of forced sexual exploitation.  Forced labour in the private economy generates US$ 150 billion in illegal profits per year.  Domestic work, agriculture, construction, manufacturing and entertainment are among the sectors most concerned.  Migrant workers and indigenous people are particularly vulnerable to forced labour.

14. ILS on forced labour 1930 : The Forced Labour Convention (No. 29) - Address the situation in territories under colonial administration 178 ratifications 1957: The Abolition of Forced Labour Convention (No. 105) -Address the imposition of forced labour as a means of political coercion and for economic purposes 175 ratifications 2014 : Protocol to Convention No. 29 + Recommendation - Address the gaps in the implementation of Convention No. 29 7 ratifications

15. Since 1930, convention No. 29 has been the frame for the fight against forced labour: -Definition of forced labour -State have committed to suppressing the use of forced labour in all its forms -Legislation must criminalize forced labour and provide for penal sanctions

16. Convention 29 What is the definition of forced labour? “ all work or service exacted under the menace of any penalty and for which the person has not offered himself or herself voluntarily ” Three elements

17. Convention No. 29 Exceptions - compulsory military service - normal civic obligations - as a consequence of a conviction in a court of law - in cases of emergency - for minor communal services performed by the members of a community in its direct interest www.itcilo.org International Training Centre of the ILO 17

18. Convention No. 105  Prohibits forced or compulsory labour - as a means of political coercion or education or as a punishment for political views - as a method of using labour for purposes of economic development - as a means of labour discipline - as a punishment for having participated in strikes - as a means of racial, social, national or religious discrimination www.itcilo.org International Training Centre of the ILO 18

19. 2014: Adoption of new instruments to address these challenges Adoption of a Protocol and a Recommendation  2 instruments that supplement the two existing Conventions : This is not a revision  2 instruments of different nature : one binding and the other not; Protocol open to ratification  The Protocol has been ratified by 7 Member States Czech Republic, France, Mali, Niger, Mauritania, Norway and the United Kingdom

20. The Protocol (1) Requires Member States to:  Take effective measures to  Prevent and eliminate the use of forced labour  Provide protection to victims as well as access to appropriate remedies  Develop a national policy / plan of action in consultation with social partners  Adopt specific measures against trafficking in persons  Cooperate with each other

21. The Protocol (2) Examples of prevention measures that should be adopted - Educating and informing those considered particularly vulnerable, as well as employers -Protecting workers, specially migrant workers, from abuses arising during the recruitment process -Strengthening labour inspection -Supporting due diligence by the public and private sectors -Addressing the root causes of forced labour

22. The Protocol (3) The protection of vicitims through :  Adoption of measures for their identification, release and protection, providing them support and assistance  Access to appropriate and effective remedies, such as compensation  Irrespective of their presence or legal status in the national territory  Non prosecution or penalties imposed on victims of forced labour for their involvement in activities which they have been compelled to commit

23. The Recommendation 203 Provides guidance and concrete examples in the areas of prevention, protection of victims, access to justice and remedies and law enforcement : -Creation of orientation and information services for migrants -Establishment of adequate and accessible complaint mechanisms -Provision of a reflection and recovery period -Confiscation of profits of forced labour and of other assets -Providing support to employers to identify, prevent the risks of forced labour in the operations, products or services to which they may be directly linked

24. THE EFFECTIVE ABOLITION OF CHILD LABOUR  The elimination of child labour has been a concern of the ILO since 1919, when at the international labour conference, the urgent need to protect children against economic exploitation, brought to the adoption of the first ILO standard regulating the minimum age in industry. Subsequently, in 1973, ILO recognized the need to have an instrument applicable to all sectors and thus Convention 138 was adopted. Beside this normative tool, Convention 182 aims to eliminating the worst forms of child labour, another great preoccupation of the Organization.  Child labour can have severe consequences on the education, health and development of its victims.  The harmful effects of child labour prejudice the opportunities of young adults to make the transition to decent work and lead in later life to low quality  employment, low incomes, social vulnerability and marginalization.

25. Facts and figures  Global number of children in child labour has declined by one third since 2000, from 246 million to 168 million children. More than half of them,85 million, are in hazardous work (down from 171 million in 2000).  Asia and the Pacific still has the largest numbers (almost 78 million or9.3% of child population), but Sub-Saharan Africa continues to be the region with the highest incidence of child labour (59 million, over 21%).  There are 13 million (8.8%) of children in child labour in Latin America and the Caribbean and in the Middle East and North Africa there are9.2 million (8.4%).  Agriculture remains by far the most important sector where child labourers can be found (98 million, or 59%), but the problems are not negligible in services (54 million) and industry (12 million) – mostly in the informal economy.  Child labour among girls fell by 40% since 2000, compared to 25% forboys.

26. Convention No. 138  Sets the general minimum age for admission to employment or work at 15 years  Sets the minimum age for light work at 13  Sets the minimum age for hazardous work at 18 (16 under certain strict conditions)  Provides for the possibility of initially setting the general minimum age at 14 (12 for light work) where the economy and educational facilities are insufficiently developed www.itcilo.org International Training Centre of the ILO 26

27. Convention No. 182  Defines a ‘child’ as a person under 18 years of age  Requires the elimination of the worst forms of child labour including: - all forms of slavery or similar practices, such as sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict - child prostitution and pornography - using children for illicit activities, in particular for production and trafficking of drugs - work likely to harm the health, safety or morals of children www.itcilo.org International Training Centre of the ILO 27