1. ILS/CLS in Asia-Pacific: Key Issues
Ariel B. Castro
Senior Programme Officer (Asia-Pacific)
ACTRAV Workers’ Education Programme, ITCILO
ACTRAV
Bureau for Workers’ Activities

2. Asia and Pacific
Shown resilience in the light of global uncertainty and in the 2008 global financial crisis, high growth rates of India and China.
HOWEVER,
1 in 10 workers (~192 million) still live in extreme poverty on less than $1.90 per day
1 billion are in vulnerable employment
78 million child workers aged 5 to 17 years

3. Ratification and application recently influenced by
1998 Fundamental Principles and Rights At Work Declaration
2008 Social Justice Declaration
At 2008 ILC, ILO Director-General proposed universal ratification of all fundamental ILO Conventions by unanimously supported
New member states

4. ILO Conventions
Core/Priority ILO Conventions (C87 and C98, C100 and C111, C29 and C105 and C138 and C182)
Labour market governance conventions (Labour Inspection,C81, Labour Inspection (Agriculture) Convention C129, Employment Policy C122, Tripartite Consultation C144)
Technical conventions (all other international labour conventions)

5. In Asia-Pacific
GOAL: Universal Ratification by 2015 (??) 139 (out of 187) member States have achieved this target - 14 countries in A/P 20 countries that have ratified less than 6 CLS, 14 are in A/P. 62% of missing ratifications from A/P

6. Ratifications of ILO Fundamental Conventions
Country
Freedom of association
Forced labour
Discrimination
Child labour
C087
C098
C029
C105
C100
C111
C138
C182
Total: 185
152
163
177
174
171
172
166
178
Africa (54) 48 53 54 52
Americas (35) 33 32 34 35 30
Arab States (11) 3 6 11 7 10
Asia (34) 18 21 27 23 28 24
Europe (51) 50 51
The Asia and Pacific region is similar in number with the Americas, and still Asia has an average of 50% less ratifications than the Americas

7. Ratifications of ILO Governance Conventions
The Asia and Pacific Region is similar in number with the Americas, and still Asia has much less ratifications that the Americas.

8. Ratifications of ILO Governance Conventions
10 members have not ratified them:
BRUNEI
KIRIBATI
MALDIVES
MARSHALL ISLANDS
MYANMAR
PALAU
SAMOA
TIMOR LESTE
TUVALU
VANUATU

9. Freedom of Association and Collective Bargaining
Under Social Justice Declaration (2008), FOA and CB singled out as “particularly important to enable the attainment of ILO’s four strategic [decent work] objectives”
Least widely ratified in Asia Pacific and little progress recorded since 2006.
Samoa (2008), Timor Leste (2009), Solomon Islands (2012), Maldives (2013).
Less than half of the 46 economies have ratified C 87.
13 countries have yet to ratify C 98.
Trade union campaigns and consultations now taking place in India, Malaysia, Nepal, Thailand and Vietnam.

10. Freedom of Association and Collective Bargaining – Other Issues
ILC drew attention to issues of application in 8 countries that have ratified C87/C98 (Bangladesh, Cambodia, Indonesia, India, Korea, Malaysia, Sri Lanka, New Zealand and Philippines)
Missions in Bangladesh, Cambodia and Philippines (impartial investigation of murders of trade unionists)
Complaints of trade union violations examined by CFA.

11. Other Core Labour Standards
Forced Labour Conventions
Approaching universal ratification
But missing 21 ratifications are in A/P
Discrimination at Work
Half of ASEAN are still to ratify
Some developed economies appear to be reluctant to accept obligations.
Child Labour
A/P has counted no fewer than 44 ratifications of C138 or C182 since the adoption of 1998 Declaration
All ASEAN member states have ratified, except Brunei Darussalam
With the exception of new member States and Cook Islands, India is the only country that have not ratified and only country in South Asia.

12. In Asia Pacific,
Most ratifications in the last 10 years fall in the categories fundamental, governance, OSH, MLC and seafarers
Completely absent from ratifications in the last 25 years include:
Wage policy (C95 and C173, C131)
Social security
Migrant workers
Gender supportive standards

13. Ratification in A/P can not be generalized
Influenced by external factors
Perceived expectations from international trading community (TPP, etc.)
Ratification activity (inactivity) by the United States
Sub region ratification (ASEAN, South Pacific, etc.)

14. Promotion of ratification can focus on:
New member States (Palau)
87/98 (India, Nepal, Thailand, Vietnam and Malaysia) – ACTRAV campaign
Conventions 29/105
Submitting Art 19 reports of members

15. Ratification could be achieved by reinforcing in
Countries receiving ILO support for Labour Law reforms
Thailand, Brunei, Cambodia and Timor Leste (C144)
Mongolia, Nepal, Philippines, Bangladesh, Indonesia and Vietnam (C81)
C129
Sustainable Development Goals (SDGs)

16. UN Sustainable Development Goals (SDGs) 17 Goals 169 Targets
~230 Indicators
15 years (until 2030)

17. Indicators where the ILO is custodian agency
Target
Indicator
8.7 Take immediate and effective measures to eradicate forced labour, end modern slavery and human trafficking and secure the prohibition and elimination of the worst forms of child labour, including recruitment and use of child soldiers, and by 2025 end child labour in all its forms
8.7.1 Proportion and number of children aged 5‑17 years engaged in child labour, by sex and age
(Tier I, ILO with UNICEF)
8.8 Protect labour rights and promote safe and secure working environments for all workers, including migrant workers, in particular women migrants, and those in precarious employment
8.8.1 Frequency rates of fatal and non-fatal occupational injuries, by sex and migrant status (Tier I)
8.8.2 Increase in national compliance of labour rights (freedom of association and collective bargaining) based on International Labour Organization (ILO) textual sources and national legislation, by sex and migrant status (Tier I)
ILO Department of Statistics

18. Focus on Application Labour Law Reforms Decent Work Country Programmes
SDGs and the Future of Work
Based on ILC CAS Conclusions (Bangladesh, Indonesia, Malaysia, Philippines, Cambodia)
TU Reports
Regular discharge of constitutional reporting obligations
Reporting on ratified conventions
Article 19 reporting and submission

19. Thank you for your attention a.castro@itcilo.org
ACTRAV
Bureau for Workers’ Activities