1. ITUC Presentation on Core Labour Standards - 2006 - Draft 1 ILO and ILS Trade Union Rights PRESENTATION ON FUNDAMENTAL HUMAN RIGHTS@WORK (Core Labour Standards) (December 2006)

2. ITUC Presentation on Core Labour Standards - 2006 - Draft 2 What is the International Labour Organisation (ILO)? An international organisation – a Specialised Agency of the United Nations Dealing with labour matters Composed of approx. 190 Countries Tripartite composition: Governments, Workers‘ and Employers’ organisations Supreme decision-making body: International Labour Conference (ILC) ILC meets every year in June in Geneva

3. ITUC Presentation on Core Labour Standards - 2006 - Draft 3 What is the International Labour Organisation (ILO)?(2) Every Member (Member State) sends tripartite Delegation to ILC The most representative organisation(s) of Workers and Employers should be consulted about Delegation composition ILC elects Governing Body (GB) every 3 years. GB has 56 Members: 28 Governments, 14 Workers’ and Employers ( + 14 Deputy Members & 14 Substitute for each Group)

4. ITUC Presentation on Core Labour Standards - 2006 - Draft 4 What is the International Labour Organisation (ILO)?(3) Governing Body meets 3 times/year: three weeks in March and November, one day in June (just after ILO Conference) GB has 1 Chair (Government) and 2 Deputy-Chairs (Worker & Employer) Together, these 3 persons are the Officers of the Governing Body GB has several Committees, including a Committee on Freedom of Association

5. ITUC Presentation on Core Labour Standards - 2006 - Draft 5 The International Labour Office (ILO) This is the “Executive Branch” of the Organisation, based in Geneva Headed by Director-General Regional, Sub-Regional & Country offices Several Departments in Geneva, incl. 2 essential Departments in terms of “Rights”: ACTRAV and STANDARDS ACTRAV: “Workers’ Activities” – provides support to trade unions around the world

6. ITUC Presentation on Core Labour Standards - 2006 - Draft 6 The International Labour Office (2) Department of International Labour Standards: Helps the Organisation to develop new “standards” (Conventions & Recommendations) Studies compliance of Members with international labour Conventions Provides technical support to countries, workers and employers’ to respect standards

7. ITUC Presentation on Core Labour Standards - 2006 - Draft 7 What are Fundamental Human Rights @ Work ? Rights which are specific to work and to workers Guaranteed under international law Particularly under Conventions of the International Labour Organisation (ILO) Applicable in all countries of the world An integral part of international human rights

8. ITUC Presentation on Core Labour Standards - 2006 - Draft 8 What are these rights? Freedom of Association, Right to organise, Collective Bargaining Absence of Discrimination Absence of Child Labour Absence of Forced Labour

9. ITUC Presentation on Core Labour Standards - 2006 - Draft 9 Which are the ILO Conventions in question? C 87, Freedom of Association and Protection of the Right to Organise, 1948 C 98, Right to Organise and Collective Bargaining,1949 C 100, Equal Remuneration, 1951 C 111, Discrimination (Employment and Occupation), 1958 C 138, Minimum Age, 1973 C 182 Worst Forms of Child Labour, 1999 C 29, Forced Labour Convention, 1930 C 105, Abolition of Forced Labour, 1957

10. ITUC Presentation on Core Labour Standards - 2006 - Draft 10 Why is respect for these 8 ILO Conventions mandatory everywhere ? Together, they form the rights protected under the ILO Declaration of Fundamental Rights and Principles at Work, 1998 The Declaration was adopted that year by the International Labour Conference All Member States of the ILO should respect and promote them, irrespective of whether they have ratified these 8 Conventions or not They should ratify them or explain why they don’t and what they do to overcome problems

11. ITUC Presentation on Core Labour Standards - 2006 - Draft 11 How does the ILO monitor respect of the Declaration ? Member States who have not ratified one or more of these 8 “core” Conventions should report to the ILO under the “Follow-up” mechanism of the Declaration They should report each year on what they have done to promote respect for and implementation of the rights covered by the Conventions which they have not ratified They should consult Workers and Employers’ organisations about these annual reports These organisations can present their own reports; such reports are NOT complaints

12. ITUC Presentation on Core Labour Standards - 2006 - Draft 12 How does the ILO monitor respect for RATIFIED Conventions ? 1. Committee of Experts on the Application of Conventions and Recommendations (CEACR) – NOT a tripartite body, but: Independent experts in international labour law (senior judges, lawyers, academics…) Coming from all regions of the world (different legal, economic and social systems) Independence, objectivity, impartiality

13. ITUC Presentation on Core Labour Standards - 2006 - Draft 13 Monitoring of ratified Conventions – Committee of Experts (continued – 2) Appointed for 3 years by the Governing Body on proposal of the ILO Director-General Meets once a year (November-December) Examines reports presented by Member- States on all Conventions they have ratified Publishes its Report in March of the following year (during Governing Body) The report serves as a basis for discussions in the ILO Conference Committee on the Application of Standards (June every year)

14. ITUC Presentation on Core Labour Standards - 2006 - Draft 14 Monitoring of ratified Conventions – Committee of Experts (continued – 3) Workers and Employers’ organisations should be consulted about the Governments’ reports to the CEACR If not consulted, Workers’ and Employers’ organisations can submit own comments Deadline: 1 st September every year Comments can be sent directly to ILO by post, fax or e-mail: normes@ilo.orgnormes@ilo.org Or you can request ITUC assistance: post, fax: +32.2.224.02.97, or: turights@ituc-csi.orgturights@ituc-csi.org

15. ITUC Presentation on Core Labour Standards - 2006 - Draft 15 Monitoring of ratified Conventions – Committee of Experts (continued - 4) The ILO will send your comments to your Government which can reply Remember: only RATIFIED Conventions Specific, clear and detailed comments on: legislation, practice or facts Remember: lengthy process – Observations by Experts on your comments submitted before 1 st September will only be made public the following March; if deadline missed, add one year!

16. ITUC Presentation on Core Labour Standards - 2006 - Draft 16 Monitoring of ratified Conventions – Committee of Experts (continued - 5) Contents of the Report of the CEACR: Part I: General report: overview of the Committee’s work; matters of general interest or special concern Part II: Individual observations on the application of ratified Conventions; direct requests; acknowledgements (of work completed by Governments)

17. ITUC Presentation on Core Labour Standards - 2006 - Draft 17 Monitoring of ratified Conventions – ILO Conference Committee 2. Conference Committee on the Application of Standards Meets every year in June in Geneva (ILC) Tripartite Committee: Governments, Union and Employers’ representatives Chair & Reporter: from Governments’ Group Vice-Chairpersons: from Workers & Employers

18. ITUC Presentation on Core Labour Standards - 2006 - Draft 18 Monitoring of ratified Conventions - ILC Committee on Application of Standards (2) General discussion: “General Report”; “General Survey” (on a specific subject) Discussion of “individual cases”: : cases selected from the report of the Committee of Experts “by the Officers of the Committee” List of cases prepared by Workers’ Group, then negotiated with Employers’ Group and submitted “for approval” to the full Committee

19. ITUC Presentation on Core Labour Standards - 2006 - Draft 19 Monitoring of ratified Conventions - ILC Committee on Application of Standards (3) On average 25 cases on the list Strong efforts to design “balanced list” : geographically, between developing and industrialised countries (“North & South”) : between “fundamental and technical” conventions “Fundamental”: 87-98, 100-111, 138-182, 29-105: but a majority concerns 87-98 “Technical: 81, 122, 144, OHS, etc (+169)

20. ITUC Presentation on Core Labour Standards - 2006 - Draft 20 Monitoring of ratified Conventions - ILC Committee on Application of Standards (4)  Importance of the Conference Committee: International and public scrutiny of Governments’ respect and implementation of ratified Conventions Public criticism of Governments’ performance Occasionally strong censure: “Special paragraphs” and “Continuous failure to implement” Governments mostly dislike it

21. ITUC Presentation on Core Labour Standards - 2006 - Draft 21 Committee on Freedom of Association (CFA) Tripartite Committee of Governing Body 9 Members: 3 Governments, 3 Workers, 3 Employers and 1 independent Chair Examines complaints against Govern- ments for violations of C87 & C98 Independently of ratification or not (complaint can be sent to CFA even if country has NOT ratified 87 and/or 98) Only 87-98, no other issues or problems

22. ITUC Presentation on Core Labour Standards - 2006 - Draft 22 Committee on Freedom of Association (CFA) (2)  `Who can submit a complaint to the CFA? A national organisation directly interested in the matter (: a national centre, concerning its own members or a matter in which it is itself involved) An international organisation of Workers or Employers (: like ITUC, IOE) on any country and any situation Another international Workers’ or Employers’ organisation concerning its own members (e.g. a Global Union Federation)

23. ITUC Presentation on Core Labour Standards - 2006 - Draft 23 Committee on Freedom of Association (CFA) (3)  What FORMAT for a CFA complaint? Written communication, on official letterhead of your national centre; Must have union’s name and a valid address; Addressed to ILO Director-General; Signed by duly authorised official of your national centre; Detailed facts, supported by evidence

24. ITUC Presentation on Core Labour Standards - 2006 - Draft 24 Committee on Freedom of Association (CFA) (4)  Procedure & processing of complaints Send complaint to ILO DG or Dept of Standards: libsynd@ilo.orglibsynd@ilo.org You receive ILO letter with case number You have one month to send additional information; thereafter: only NEW facts ILO sends complaint to Government, which is invited to respond

25. ITUC Presentation on Core Labour Standards - 2006 - Draft 25 Committee on Freedom of Association (CFA) (5) CFA tends examines your complaint and government’s response and drafts its report Report contains Conclusions (decision on the case) and Recommendations (to be implemented by Government) Report submitted for approval to GB Report then becomes public

26. ITUC Presentation on Core Labour Standards - 2006 - Draft 26 Committee on Freedom of Association (CFA) (6)  A few things to keep in mind: There is no deadline to submit complaint or additional information, but Each additional information is sent to Government for comment Don’t submit new information shortly before the CFA meeting (3 times/year: March, June, Nov, just before GB) CFA may ask you to reply to questions

27. ITUC Presentation on Core Labour Standards - 2006 - Draft 27 How to write to the ILO ? Mr. Juan Somavia, Director-General International Labour Office, 4, route des Morillons CH - 1211 Geneva Switzerland Copy: 1) ILO Office in Kathmandu 2) ITUC turights@ituc-csi.orgturights@ituc-csi.org fax: +32.2.224.02.97 e-mail for ILO: Committee of Experts: normes@ilo.orgnormes@ilo.org Committee on Freedom of Association: libsynd@ilo.orglibsynd@ilo.org