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THE INTERNATIONAL LABOUR ORGANIZATION AND INTERNATIONAL LABOUR STANDARDS
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ILO … 187 states together to promote economic growth, social justice and human rights related to labour in all its aspects, all over the world ILO Decent Work Agenda
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INTERNATIONAL LABOUR ORGANIZATION
was founded in 1919 is a United Nations specialised agency has 187 member States (2016) is the only worldwide organization founded on a tripartite structure
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ILO OBJECTIVES AND PRINCIPLES
Universal and lasting peace can be established only if it is based upon social justice Labour is not a commodity 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 Preamble to the ILO Constitution / Declaration of Philadelphia
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Decent work? What is it? 4 strategic objectives of the ILO
1. Creating jobs 2. Guaranteeing rights at work 3. Extending social protection 4. Promoting tripartism and social dialogue + gender equality as a crosscutting objective
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Deficits of decent work: child and forced labour
168 million children in the world in child labour. More than half of them, 85 million, are in hazardous work (down from 171 million in 2000) Almost 21 million people are victims of forced labour – 11.4 million women and girls and 9.5 million men and boys
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Decent work is SAFE WORK but…
2.02 million people die each year from work-related diseases 321,000 people die each year from occupational accidents Every 15 seconds, a worker dies from a work-related accident or disease. Every 15 seconds, 151 workers have a work-related accident. Deaths and injuries take a particularly heavy toll in developing countries, where a large part of the population is engaged in hazardous activities, such as agriculture, construction, fishing and mining.
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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
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ILO STRUCTURE Governing Body International Labour Conference
4 delegates per member State 1 workers’ delegate 2 governments delegates 1 employers’ delegate Governing Body 14 workers’ representatives 28 governments representatives 14 employers’ representatives International Labour Office
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International Labour Conference
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Standard-setting activities Technical cooperation
ILO MEANS OF ACTION Standard-setting activities elaboration and adoption of international labour standards supervision of member States application of international labour standards Technical cooperation promotion of the objectives established by international labour standards
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INTERNATIONAL LABOUR STANDARDS (ILS)
Conventions are international treaties when ratified, are legally binding if not ratified, represent legal objectives and influence national legislation are technical or promotional 189 Conventions Recommandations are not open to ratification are not legally binding provide technical or general guidelines for national policy and practice 202 Recommendations
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GLOBALIZATION OF RIGHTS
International labour standards system Guarantee of fundamental human and workers’ rights all over the world Universality (can be applied in different economic and social circumstances)
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ILO FUNDAMENTAL CONVENTIONS
All ILO member States, irrespective of the ratification of these Conventions, have an obligation to respect the principles they set out (ILO Declaration on Fundamental Principles and Rights at Work, 1998) 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)
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GOVERNANCE CONVENTIONS
Labour Inspection Convention, 1947 (No. 81) Employment Policy Convention, 1964 (No. 122) Labour Inspection (Agriculture) Convention, 1969 (No. 129) Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144)
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They were identified by the ILO Declaration on Social Justice for a Fair Globalization of 2008 as the standards that are the most significant from the viewpoint of governance Governing Body has designated these four Conventions as “priority” instruments The special element with “priority” or “governance” Conventions, as with core Conventions, is that reports on them are required every three years, instead of five years for the others.
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SUBMISSION Once an ILO Convention/Recommendation has been adopted by the ILC, the instrument is sent to all Member States for consideration. The ILO Constitution requires that the instrument be sent to the representatives of the national organisations of employers and of workers as well as to the governments The ILO Constitution requires that Member States (in consultation with representatives of employers’ and workers’ organisations, and in some cases other relevant government institutions) submit the instruments to the “competent national authorities” for the enactment of legislation or other actions, including possible ratification
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The principle of submission is an important one because it aims at making the contents of the ILO instruments known to the public, to raise awareness and stimulate public debate and involvement in important labour and social matters whether or not a Convention is ratified by the country, it serves a purpose by being available as a model that has already been agreed upon by the tripartite partners at the ILO. Within one year of the adoption of the instruments (or at the latest within 18 months), Member States are required to complete this submission and report back to the Director General of the ILO in extensive detail,
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RATIFICATION Convention under international law
is the official commitment by a member State to be bound by the provisions of a Convention under international law is a political decision cannot involve reservations consequences: 1. implementation of the Convention, both in law and in practice 2. exposure to supervisory mechanisms
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NO RATIFICATION After the state has submitted the instrument to its competent national authorities, the Governing Body of the ILO may request the state to report at appropriate intervals, showing the impediments to ratification that exist at the level of national law and practice.
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ILO SYSTEMS OF SUPERVISION
regular system of supervision based on the ratification of a Convention and a reporting obligation on its application special systems of supervision involve cases of specific allegations of violations against a member State
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MOST RELEVANT ILO SUPERVISORY BODIES
Committee of Experts on the Application of Conventions and Recommendations (CEACR) Committee on Freedom of Association (CFA)
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Guy Ryder, Director-General, ILO
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