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THE INTERNATIONAL LABOUR STANDARDS SYSTEM
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International Labour Organisation
was created in 1919 United Nations specialised agency 177 member states Tripartite structure
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ILO objectives and structure
universal and lasting peace can be established only if it is based on social justice labour is not a commodity Freedom of expression and association are essential to sustained progress Poverty anywhere constitutes a danger everywhere The war against want requires to be carried on with unrelenting vigor within each nation, and by continuous and concerted international effort in which the representatives of workers and employers, enjoying equal status with those of governments, join with decision with a view to the promotion of the common welfare Preamble of the constitution/Philadelphia Declaration
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TRIPARTISM workers and employers as representative, equal and
Tripartism is the active interaction among the governments, workers and employers as representative, equal and independent social partners 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 International Labour Conference Governing Body
4 representatives per member states 1 workers ’s delegate 2 governments’ delegates 1 employers ’s delegate Governing Body 14 workers’ representatives 28 government representatives 14 employers ’ representatives International Labour Office
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ILS FORMS Conventions Recommendations are international treaties
when ratified, are legally binding if not ratified, they could represent legal objectives and influence national legislation are technical or promotional 185 Conventions (as of September 2003) Recommendations are not open to ratification are not legally binding provide guidelines 194 Recommendations (as of September 2003)
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ILS CHARACTERISTICS tripartism universality flexibility realism
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FIELDS COVERED BY ILS Basic human rights Employment
Social policy Labour administration Industrial relations Conditions of work Social security Employment of women Employment of children and young persons Migrant workers Indigenous and tribal people Other special categories of workers
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FUNDAMENTAL CONVENTIONS
Freedom of Association and Protection of the Right to Organise Convention , (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) Equal Remuneration Convention, 1951 (No. 100) Discrimination (Employment and Occupation) Convention, 1958 (No. 111) Minimum Age Convention, 1973 (No. 138) Worst Forms of Child Labour Convention, 1999 (No. 182)
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DOUBLE-DISCUSSION PROCEDURE
Suggestions from Gvts, Workers, Employers, ILO Office, UN Agencies, etc. Governing Body Participation ILO Office I Report Governments and Social Partners Consultation ILO Office II Report Governments and Social Partners Consultation Tripartite Conference Committee FIRST DISCUSSION Participation ILO Office III Report Governments and Social Partners Consultation ILO Office IV Report Governments and Social Partners Consultation Tripartite Conference Committee SECOND DISCUSSION Participation Conference Plenary ADOPTION Participation
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SUBMISSION obligation to submit all new Conventions and Recommendations to the legislative national authorities, in the 12 months or, exceptionally, 18 months following the adoption Article 19 of the ILO Constitution obligation to inform the Director-General on the measures taken to submit the instruments Article 19, par. 5, 6 and 7 of the ILO Constitution obligation to send copies of the information on submission to the most representative workers’ and employers’ organizations Article 23, par. 2 of the ILO Constitution
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RATIFICATION formal commitment by a member State to be bound by the provisions of a Convention under international law political decision cannot involve reservations consequences: 1. implementation of the Convention, both in law and in practice 2. exposure to international supervisory mechanisms
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