1. International Training Centre of the ILO
The ILO and the International Labour Standards System (Tzehainesh Teklè, Turin, Italy, 3 December 2010)
International Training Centre of the ILO

2. International Labour Organization
Founded in 1919
UN specialized agency
Fundamental documents:
Constitution (1919)
Declaration of Philadelphia (1944)
Declaration on Fundamental Principles and Rights at Work (1998)
Declaration on Social Justice for a Fair Globalization (2008)
183 Member States
The only international tripartite organization
International Training Centre of the ILO

3. International Training Centre of the ILO
ILO structure
Tripartite structure
Governments
Employers
Workers
International Training Centre of the ILO

4. ILO Structure (cont’d)
International Labour Conference
4 delegates per member State
1 worker
delegate
2 government
delegates
1 employer
delegate
Governing Body
14 worker
representatives
28 government
representatives
14 employer
representatives
International Labour Office
International Training Centre of the ILO

5. ILO fundamental principles:
Labour is not a commodity
Freedom of expression and of 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 freedom and dignity, of economic security and equal opportunity
Declaration of Philadelphia (1944)
International Training Centre of the ILO

6. International Training Centre of the ILO
Implications
“the attainment of the conditions in which this shall be possible must constitute the central aim of national and international policy”
“all national and international policies and measures, in particular those of an economic and financial character, should be judged in this light and accepted only in so far as they may be held to promote and not to hinder the achievement of this fundamental objective”
Declaration of Philadelphia, art. II (b) and (c)
International Training Centre of the ILO

7. International Training Centre of the ILO
ILO goals
Promotion of social justice
Decent Work:
"The primary goal of the ILO today is to promote opportunities for women and men to obtain decent and productive work, in conditions of freedom, equity, security and human dignity"
“The ILO is concerned with all workers”
(ILO, Decent Work, Report of the Director General, ILC, 87th Session, 1999)
International Training Centre of the ILO

8. International Training Centre of the ILO
Decent work
Four pillars:
rights at work
income and job opportunities
social protection
social dialogue
International Training Centre of the ILO

9. International labour standards (ILS)
CONVENTIONS
International treaties
When ratified are legally binding
If not ratified, are sources of inspiration for domestic law
Supervisory mechanisms
188 Conventions* (as of December 2010)
RECOMMENDATIONS
Not open to ratification
Not legally binding
Provide general or technical guidelines for national action
200 Recommendations* (as of December 2010)
*Not all up-to-date
International Training Centre of the ILO

10. Subjects covered by ILS
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
Seafarers
Fishers
Dockworkers
Indigenous and tribal peoples
Specific categories of workers
Social policy
International Training Centre of the ILO

11. ILO Fundamental Conventions and 1998 Declaration
Freedom of association and right to collective bargaining (C. 87 and C.98)
Elimination of forced labour (C. 29 and C. 105)
Abolition of child labour (C. 138 and C. 182)
Elimination of discrimination (C. 100 and C. 111)
1998 Declaration on fundamental principles and rights at work: Even if they have not ratified the fundamental Conventions, all ILO member States have an obligation to respect, promote and realize fundamental rights and principles at work
No. 87
No. 98
No. 105
No. 29
No.138
No. 182
No. 100
No. 111
International Training Centre of the ILO

12. ILO supervisory mechanisms
REGULAR SYSTEM OF SUPERVISION
Based on the obligation to report on the application of each ratified Convention
SPECIAL SYSTEMS OF SUPERVISION
Involve cases of specific allegation of violations against a Member State
International Training Centre of the ILO

13. Functions of the ILO supervisory bodies
Supervise the respect of ILO Member States obligations stemming from ILS
In so doing, clarify the meaning and scope of ILS provisions
Through their action, a body of “case law” has been progressively built up
International Training Centre of the ILO

14. International Training Centre of the ILO
Regular supervision
Two main ILO bodies
Committee of Experts on the Application of Conventions and Recommendations (CEACR)
Conference Committee on the Application of Standards
International Training Centre of the ILO

15. International Training Centre of the ILO
CEACR
COMPOSITION
20 members (high-level judges and lawyers; independent and impartial)
Universal nature
Appointment by the Governing Body upon proposal made by the Director General
Appointment for a three-year renewable term
CHARACTERISTICS
Decides by consensus (though voting is possible)
Uses documentary information
International Training Centre of the ILO

16. International Training Centre of the ILO
Comments by the CEACR
OBSERVATIONS
Serious and long-standing cases of failure to comply with ratified Conventions
Cases of progress
Published in the CEACR’s Report
DIRECT REQUESTS
Directly sent to governments (not published in the annual Report of the CEACR)
Can also highlight failure to comply with ratified Conventions that do not justify an observation yet
International Training Centre of the ILO

17. International Training Centre of the ILO
Conference Committee
Permanent Committee of the ILC
Tripartite
Follow-on work from the Committee of Experts’ General Report
Select individual countries to respond to contraventions of Conventions identified by the CEACR
Summary of proceedings and comments are published
International Training Centre of the ILO

18. Interest of the CEACR’s work
Inform on the conformity of domestic law with ILO ratified Conventions
Clarify the meaning and scope of the provisions of ILO Conventions and Recommendations
International Training Centre of the ILO

19. Special systems of supervision
REPRESENTATIONS (ART. 24) AND
COMPLAINTS (ART. 26)
Require that the Convention concerned is ratified
FREEDOM OF ASSOCIATION PROCEDURES
Even if the Convention concerned has not been ratified
International Training Centre of the ILO

20. Group work How can ILS be used by workers and trade unions?
International Training Centre of the ILO