1. ILS/FPR PROGRAMME, ITC ILO TURIN THE INTERNATIONAL LABOUR STANDARDS (ILS) SYSTEM A GENERAL INTRODUCTION FOR TRADE UNIONS

2. ILS/FPR PROGRAMME, ITC ILO TURIN  Forced labour  Freedom of association, collective bargaining and industrial relations  Equality of opportunity and treatment  Labour administration and inspection  Elimination of child labour and protection of children and young persons  Tripartite consultation  Employment policy and promotion SUBJECTS COVERED BY ILS  Vocational guidance and training  Employment security  Wages  Occupational safety and health  Social security  Working time  Maternity protection  Migrant workers  Seafarers  Fishers  Dockworkers  Indigenous and tribal peoples  Specific categories of workers  Social policy  Any missing subject?

3. ILS/FPR PROGRAMME, ITC ILO TURIN INTERNATIONAL LABOUR STANDARDS  are international treaties  when ratified, are legally binding  if not ratified, could represent legal objectives and influence national legislation  187 Conventions (as of today)  Conventions  Recommendations  are not open to ratification  are not legally binding  provide general or technical guidelines on national policy and practice  198 Recommendations (as of today)  Protocols  Do you know other ILO instruments?

4. ILS/FPR PROGRAMME, ITC ILO TURIN  Universality CHARACTERISTICS OF ILS  Flexibility  Tripartism  ILS are to be applied in countries with different social and economic structures  ILS take into account the needs of all ILO member States  ILS are the fruit of a tripartite consensus

5. ILS/FPR PROGRAMME, ITC ILO TURIN  C87 Freedom of Association and Protection of the Right to Organise, 1948  C98 Right to Organise and Collective Bargaining, 1949  C29 Forced Labour, 1930  C105 Abolition of Forced Labour, 1957  C100 Equal Remuneration, 1951  C111 Discrimination (Employment and Occupation), 1958  C138 Minimum Age, 1973  C182 Worst Forms of Child Labour, 1999 ILO FUNDAMENTAL CONVENTIONS  All ILO member States, irrespective of the ratification of these Conventions, have an obligation to respect, promote and realize the principles they set out (ILO Declaration on Fundamental Principles and Rights at Work, 1998)  Why have these Conventions been identified as “fundamental”?

6. ILS/FPR PROGRAMME, ITC ILO TURIN HOW ARE ILS ADOPTED?  Identification of the problem  Item is put on the ILC agenda  Following a «single» or «double» discussion procedure  Item is discussed at the ILC

7. ILS/FPR PROGRAMME, ITC ILO TURIN Conference Item Suggestions from governments, workers, employers, ILO Office, UN Agencies, etc. Participation Governments Consultation Governments Tripartite Conference Committee FIRST DISCUSSION Consultation Participation Conference Plenary ADOPTION Participation ILO Office: Final report ILO Office: Law and practice report THE SINGLE-DISCUSSION PROCEDURE Role of employers and workers Governing Body Participation

8. ILS/FPR PROGRAMME, ITC ILO TURIN Governing Body Suggestions from governments, workers, employers, ILO Office, UN Agencies, etc. Participation Governments Consultation Governments Tripartite Conference Committee FIRST DISCUSSION Consultation Participation Governments Tripartite Conference Committee SECOND DISCUSSION Consultation Conference Plenary ADOPTION Participation Governments Consultation ILO Office: Draft instrument ILO Office: Final report ILO Office: Draft conclusions ILO Office: Law and practice report THE DOUBLE-DISCUSSION PROCEDURE Role of employers and workers Conference Item Governing Body Participation

9. ILS/FPR PROGRAMME, ITC ILO TURIN SUBMISSION OF ILS  All newly adopted ILS should be submitted to the competent national authorities (normally the legislature) in the 12 or, exceptionally, 18 months following their adoption  To promote the implementation of ILS at national level  In the case of Conventions, also to promote their ratification

10. ILS/FPR PROGRAMME, ITC ILO TURIN RELATED OBLIGATIONS  To inform the Director-General of the ILO Office on measures taken to submit the instruments  To send copies of the report to the representative organizations of employers and workers  Any experience in the participating organizations?

11. ILS/FPR PROGRAMME, ITC ILO TURIN RATIFICATIONRATIFICATION  Is the formal commitment by a member State to be bound by the provisions of a Convention under international law  Reservations are not allowed within the ILO  More than 7,400 ratifications have been registered as of today  What does ratification entail?  Why reservations are not allowed?

12. ILS/FPR PROGRAMME, ITC ILO TURIN ENTRY INTO FORCE OF RATIFIED CONVENTIONS  “Initial” entry into force  generally, 12 months after registration of the second ratification  Entry into force concerning each ratifying country  12 months after registration of the ratification

13. ILS/FPR PROGRAMME, ITC ILO TURIN DENUNCIATIONDENUNCIATION  Is the act whereby a member State may terminate its obligations under a ratified Convention  “Pure” denunciations, permitted every 10 years following the initial entry into force of the Convention  Two types  “Automatic” denunciations, result from the ratification of a Convention revising an earlier one

14. ILS/FPR PROGRAMME, ITC ILO TURIN ILO SUPERVISORY MECHANISMS ON THE APPLICATION OF ILS  Regular system of supervision  involve the submission and examination of periodic reports on the application of ratified Conventions  Special systems of supervision  involve cases of specific allegations of violations against a member State

15. ILS/FPR PROGRAMME, ITC ILO TURIN REGULAR SYSTEM OF SUPERVISION  Member States have an obligation to submit periodical reports on the measures taken to give effect to the provisions of ratified Conventions, both in law and in practice (Art. 22 ILO Constitution)  Employers’ and workers’ organizations may make any observations they wish on the application of ratified Conventions  Any experience?

16. ILS/FPR PROGRAMME, ITC ILO TURIN  Every 2 years for fundamental and priority Conventions  Every 5 years for other Conventions  C87 Freedom of Association and Protection of the Right to Organise, 1948  C98 Right to Organise and Collective Bargaining, 1949  C29 Forced Labour, 1930  C105 Abolition of Forced Labour, 1957  C122 Employment Policy, 1964  C144 Tripartite Consultation (International Labour Standards), 1976  C100 Equal Remuneration, 1951  C111 Discrimination (Employment and Occupation), 1958  C138 Minimum Age, 1973  C182 Worst Forms of Child Labour, 1999  C81 Labour Inspection, 1947  C129 Labour Inspection (Agriculture), 1969 PERIODICITY OF REPORTS

17. ILS/FPR PROGRAMME, ITC ILO TURIN REPORTING WHEEL SHOWING PERIODICITY Author: D. Tajgman

18. ILS/FPR PROGRAMME, ITC ILO TURIN  Detailed reports CONTENT OF REPORTS ON RATIFIED CONVENTIONS  the first report after the ratification of the Convention (1 year after the entry into force)  if the CEACR or the Conference expressly ask for a detailed report  Simplified reports  when important changes occur in the application of the Convention  in all other cases

19. ILS/FPR PROGRAMME, ITC ILO TURIN  Consists of 20* persons THE COMMITTEE OF EXPERTS ON THE APPLICATION OF CONVENTIONS AND RECOMMENDATIONS  with eminent qualifications in the legal field  appointed by the Governing Body upon proposal made by the Director-General  appointed for 3 year term, being renewable  independent, impartial and objective

20. ILS/FPR PROGRAMME, ITC ILO TURIN  Consists of well over 150 members THE CONFERENCE COMMITTEE ON THE APPLICATION OF STANDARDS  from the three groups of delegates and advisers  charged with examination and discussion of the CEACR’ Report

21. ILS/FPR PROGRAMME, ITC ILO TURIN THE REGULAR SUPERVISORY PROCESS ON THE APPLICATION OF ILS COMMITTEE OF EXPERTS THE APPLICATION OF CONVENTIONS AND RECOMMENDATIONS (CEACR) examines reports, comments and related information Direct requests sent to the government and the social partners in the country concerned TRIPARTITE CONFERENCE COMMITTEE ON THE APPLICATION STANDARDS examines the CEACR’ Report and discusses a selection of cases INTERNATIONAL LABOUR CONFERENCE discusses and adopts the Committee’s Report in plenary Governments submit reports 1st June – 1st September June November & December Observations published in the CEACR’ Report Social partners may comment INTERNATIONAL LABOUR OFFICE March April

22. ILS/FPR PROGRAMME, ITC ILO TURIN SPECIAL SYSTEMS OF SUPERVISION ON THE APPLICATION OF ILS  Representations (Art. 24 of the ILO Constitution)  Complaints (Art. 26 of the ILO Constitution)  Freedom of association procedures  even if the Convention concerned has not been ratified  both require that the Convention concerned be ratified

23. ILS/FPR PROGRAMME, ITC ILO TURIN  In order to be receivable, the representation must:  be in writing  emanate from an organization of employers or workers  specifically refer to Article 24 of the ILO Constitution  concern a member of the ILO  refer to a ratified Convention  indicate in what respect the member has not ensured the effective observance of the Convention within its jurisdiction ART. 24 REPRESENTATIONS  Who can make a representation?  any local, national or international employers’ or workers’ organization

24. ILS/FPR PROGRAMME, ITC ILO TURIN THE REPRESENTATION PROCEDURE AD HOCTRIPARTITE COMMITTEE AD HOC TRIPARTITE COMMITTEE asks the government for information and submits a report with findings and recommendations Employers’ or workers’ organization COMMITTEE ON FOA if the representation involves FOA GOVERNING BODY decides on the receivability and appoints a Tripartite Committee INTERNATIONAL LABOUR OFFICE informs the government concerned and submits the representation to the GB Decides whether to publish the representation and any government reply Decision communicated to the organization and government concerned GOVERNING BODY examines the report and adopts it

25. ILS/FPR PROGRAMME, ITC ILO TURIN  Who can file a complaint? ART. 26 COMPLAINTS  Any ratifying member State  The Governing Body ex officio  One or more delegates to the International Labour Conference (government, employer or worker delegate)

26. ILS/FPR PROGRAMME, ITC ILO TURIN THE COMPLAINT PROCEDURE International Labour Conference delegate Governing Body ex officioRatifying Member State GOVERNING BODY may appoint a Commission of Inquiry (COI) COMMISSION OF INQUIRY investigates the complaint and prepares a report with findings and recommendations GOVERNING BODY notes the report If the government accepts the recommendations If the government does not accept the recommendations CEACR follows up on their implementation may appeal to theICJ for final decision GB GB may take action under Art. 33 of the ILO Constitution Member States must cooperate with the COI

27. ILS/FPR PROGRAMME, ITC ILO TURIN THANK YOU FOR YOURATTENTION! ILS/FPR Programme e-mail: normesturin@itcilo.org