1. Pong-Sul Ahn ILO DWT, Bangkok
ILO Declaration on Fundamental Principles and Rights at Work and its follow up
Pong-Sul Ahn ILO DWT, Bangkok

2. International Labour Organization (ILO)
Founded in 1919
United Nations Specialised Agency, constituted by governments, trade unions and employers organizations and dealing with on labour standards
Consisting of 185 member States (Mongolia since 24 May 1968)

3. Its policy-and decision-making bodies
- international Labour Conference (ILC) in every June in Geneva
ILO Governing Body held in March, June and November each year
International Labour Office as secretariat
Social justice and decent Work is key policy direction
Promoting ILS
Promoting decent and productive employment
Promoting social security
Promoting social dialogue

4. ILO Instruments A total 396 adopted as of 2012 189 Conventions
202 recommendations
5 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

5. Conventions How to adopt new ILO conventions:
Two years of tripartite discussion at “Standard Setting Committee of ILC
2/3 of votes at International Labour Conference
International treaties open for ratification – binding with legal obligation
International labour standards – minimum standards on global labour
Effective when two countries ratified within one year of its adoption

6. Total No. of ratifications registered since 1919

7. Fundamental and Governance Conventions
C81 - Labour Inspection Convention, 1947
C122 - Employment Policy Convention, 1964
C129 - Labour Inspection (Agriculture) Convention, 1969
C144 - Tripartite Consultation (International Labour Standards) Convention, 1976

8. Ratifications of fundamental Conventions by region
Total: 185
151
161
175
172
169
170
163
% of world population covered by ratification
74,6
75.2
45.9
49.6
94.4
91.3
70.3 81
Africa (54) 48 52 53 51
Americas (35) 33 32 34 35 30
Arab States (11) 3 6 11 7 10
Asia (34) 17 20 26 22 27 23 21 28
Europe (51) 50

9. Ratification status by Mongolia
Conv.
C87
C29
C105
C100
C111
C138
C182
Year
1969
2005
2002
2001
C81
C122
C129
C144
1976
1998

10. Background and history of adopting ILO Declaration on Fundamental Principles and Rights at Work
Negative impacts of globalisation
Poverty was not banished, social injustice remained, and inequality was rising
Establishment of World Trade Organisation in 1994, generating vigorous debate on trade and labour standards
In 1995, the United Nations World Summit on Social Development in Copenhagen agreed a set of commitment for human development and setting eight millennium development goals

11. Declaration on the Fundamental Principles and Rights at Work
All ILO Member States have an obligation to respect, promote and realize the fundamental principles in four areas;
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 ratified 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;

12. ILO Declaration on Fundamental Principles and Rights at Work
Freedom of association and effective recognition of the right to collective bargaining (C.87 and C.98)
Elimination of all forms of forced or compulsory labour (C.29 and C.105)
Effective abolition of child labour (C.138 and C.182)
Elimination of discrimination in respect of employment and occupation (C.100 and C.111)

13. C.87 on Freedom of Association, 1948
1. The tight to organise
All workers except armed force and police
No prior authorization by Government
Choice of organization structure by own choosing
Autonomous functioning
Dissolution only by law
Right to federate
the law of the land – respect it and it should not damage the convention’s rights
2. The right to bargain collectively
3. The right to strike
Substantial restrictions
Essential services

14. Substantive restrictions
mandatory minimum services are acceptable
for (agreed) safety purposes
for ensuring minimum operations of public services in the interest of proportionality between the rights of the (striking) minority and those of the majority

15. Essential public services which, if interrupted, endanger the life, personal safety and health of whole or part of the population
Essential Service
NOT Essential Service
Telephone services
Air traffic controllers
Hospital sector
Public utilities (water supply, gas, electricity)
Fire-fighting services
Public or private prison services
Provision of food to pupils of school age and the cleaning of schools
Petroleum refinery
Banking
Transport (including railways)
Radio and television broadcasting

16. C.98 on effective recognition of the right to bargain collectively, 1949
Workers must be adequately protected against acts of anti-union discrimination
Workers’ and employers’ organizations must be protected against acts of interference by each other
State must establish machinery for the respect of these two rights
promote voluntary collective bargaining to regulate terms and conditions of employment by means of collective agreements

17. Voluntary CB
“all negotiations which take place between an employer, a group of employers or one or more employers' organizations, on the one hand, and one or more workers' organizations, on the other, for
- determining working conditions and terms of employment;
- regulating relations between employers and workers;
- regulating relations between employers or their organizations and a workers' organization or workers' organizations

18. C.100 on Equal Remuneration Convention, 1950
Equal pay for work of equal value
C.111 on Discrimination (Employment and Occupation) Convention, 1958
Equal Employment Opportunity at all stages of work cycle

19. Convention No. 138 General Exceptions for ILO Minimum Age Convention
Requires a national policy for the
effective abolition of child labour
(Art. 1)
Requires a specification of minimum
age
(Art. 2)
General Exceptions for
developing countries
Basic Minimum Age (Art. 2) 15 years 14 years
Hazardous work (Art. 3) 18 years NO EXCEPTION
Light work (Art. 7) years years

20. ILO Convention No. 182 All sectors of economic activity Children in
illicit activities
All sectors
of economic
activity
Children
in hazardous
work
Girls and boys
under 18 years
Children in
prostitution and
pornography
Special attention
for most vulnerable
like very young
and girls
Children in
debt bondage and
serfdom
Including
forced recruitment
for use in armed
conflict
Worst forms of
child labour as
priority
target groups

21. C.105 on Abolition of Forced Labour Convention, 1957
C.29 on Forced Labour Convention, 1930
Each Member of the International Labour Organisation which ratifies this Convention undertakes to suppress the use of forced or compulsory labour in all its forms within the shortest possible period (article 1:1).
C.105 on Abolition of Forced Labour Convention, 1957
"Each Member of the International Labour Organisation which ratifies this Convention undertakes to suppress and not to make use of any form of forced or compulsory labour (article 1).

22. Declaration on the Fundamental Principles and Rights at Work
Conventions are subject to ratification and has legal obligation
the Declaration
is not subject to ratification,
nor does it give rise to any new legal obligations;
Obligations are based on the ILO Constitution and are derived from Declaration of Philadelphia (1944), defining freedom of expression and of association are essential to sustained progress; «Labour is not a commodity”;

23. Three ways to help achieve the full realisation of the Declaration’s objective
An annual review on reports submitted from countries which gives employers’ and workers’ organisations a chance to voice their views on progress made and actions taken;
the Global Report which provides a dynamic global and regional trends on the issues relevant to the Declaration and serves to highlight those areas that require greater attention;
Technical cooperation projects, which are designed to address identifiable needs in relation to the Declaration and to strengthen capacities of the tripartite constituents to change the policy and workplace environment.

24. THANK YOU