1. Turin 25-06-2007 ILO and International Labour Standards Monique Cloutier Actrav

2. Turin 25-06-2007 Tripartism Since its creation, the essential role of the ILO has been the pursuit of cooperation between governments, employers and workers in furtherance of social justice with a view to universal and lasting peace

3. Turin 25-06-2007 ILO’s UNIQUE TRIPARTITE STRUCTURE GOVERNMENTS EMPLOYERSWORKERS

4. Turin 25-06-2007 Scope of the ILO Social justice Better conditions of work Standards setting Technical cooperation

5. Turin 25-06-2007 Structure of the ILO Organs of the ILO International Labour Conference 179 Member States - G/E/W Adopts standards Forum for discussion of critical issues Governing Body 56 Members 14E-14W-28G International Labour Office Secretariat

6. Turin 25-06-2007 International Labour Standards System

7. Turin 25-06-2007 Standards are the most important means that the ILO has to attain its objectives and ensure that the values enshrined in its Constitution are put into practice Source: The ILO, standard setting and globalization, Report of the Director- General, ILC, 85 th Session, 1997, p. 3

8. Turin 25-06-2007 Adoption of new standards Participate in ILC Reply to questionnaires and comment on texts Submission of new standards to legislators – Report to ILO. International Labour Standards Supervision Regular Supervision Reports on ratified Conventions Complaints Freedom of Association, special procedures Denunciation Reporting on Non-ratified Cs and Rs Ratification Constitution

9. Turin 25-06-2007 International Labour Standards –Source of protection for workers –Framework and bench marks for achieving: decent work social and economic development that respects fundamental principles and rights at work –Tools for solving problems

10. Turin 25-06-2007 188 CONVENTIONS Adopted by the International Labour Conference Open to ratification 199 RECOMMENDATIONS Adopted by the International Labour Conference Not open to ratification

11. Turin 25-06-2007 CONVENTIONS wWhen ratified, legally binding wIf not ratified, represent objectives and influence national law and practice RECOMMENDATIONS wGeneral or technical guidelines wInfluence national law and practice

12. Turin 25-06-2007 UNIVERSALITY Standards are set at world level and are valid for countries with very different social structures FLEXIBILITY The standards are set in a spirit of realism and effectiveness. Special circumstances can be taken into account. Flexibility provisions.

13. Turin 25-06-2007 Fundamental Conventions All Members have an obligation to respect their principles, irrespective of ratification Forced Labour (Nos. 29 and 105) Freedom of Association and Collective Bargaining (Nos. 87, 98) Child Labour (Nos. 138, 182) Equality (Nos. 100, 111)

14. Turin 25-06-2007 International consensus in support of fundamental labour rights There is general acceptance by the international community of the value of international labour standards as a means to improve the conditions of employment and labour worldwide Core labour standards are “minimum rules” for labour in the global economy Core labour standards are goals and means of development Report of the World Commission on the Social Dimension of Globalization: A Fair Globalization, Creating opportunities for all

15. Turin 25-06-2007 Fundamental conventions 126 countries have ratified all 8 conventions 17 countries have ratified 7 10 countries have ratified 6 11 countries have ratified 5 6 countries have ratified 4 3 countries have ratified 3 2 have ratified 2 1 have ratified 1 4 has ratified none

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18. Turin 25-06-2007 P riority Conventions The Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) The Labour Inspection Convention, 1947 (No. 81) The Labour Inspection (Agriculture) Convention, 1969 (No. 129) The Employment Policy Convention, 1964 (No. 122)

19. Turin 25-06-2007 How Standards are Adopted

20. Turin 25-06-2007 Problem Governing Body puts item on the agenda of the International Labour Conference Discussed at the Conference - normally over a two-year period (Double Discussion)

21. Turin 25-06-2007 First discussion Background report (law and practice) and questionnaire –Government replies, after consultation, comments from Workers’ and Employers’ Organizations Second report – summarizes replies received and indicates questions for the Conference ILC Discussion – Committee, Report to Plenary

22. Turin 25-06-2007 Second discussion Draft texts of Conventions and/or Recommendation based on first discussion sent to Governments –Governments, after consultations, suggest amendments, make comments, comments from Workers’ and Employers’ organizations Final report based on replies; text to be considered at ILC in second discussion ILC Discussion – Committee, Report to Plenary

23. Turin 25-06-2007 Adoption by 2/3 vote at ILC (Governments, workers, employers)

24. Turin 25-06-2007 Taking on the obligations of ILO Conventions Submission

25. Turin 25-06-2007 Ratification Sovereign decision Consent of competent authority Communicate formal ratification to the Director-General of the ILO Government states intention to be bound and to make effective the provisions of the Convention in law and practice

26. Turin 25-06-2007 Conventions come into force for the ratifying country generally 12 months after ratification is registered (provided in each Convention) C.185 adopted in 2003: Revising the Seafarers’ Identity Documents Convention, 1958 Comes into force 6 months after 2 ratifications; for individual countries, 6 months after ratification registered

27. Turin 25-06-2007 Taking application of Conventions seriously

28. Turin 25-06-2007 R egular and special supervision Regular supervision - Reports to ILO Representations Complaints Special procedure concerning freedom of association –allegations of infringements of trade union rights –applies whether or not relevant Convention ratified

29. Turin 25-06-2007 Reports on Ratified Conventions required under Article 22 of the ILO Constitution

30. Turin 25-06-2007 Article 22 Reports Reports to be submitted by Governments –Consultation with employers’ and workers’ organizations required under Convention No. 144 on questions arising from the reports. Consult before sending to the ILO. –If not ratified, application of art. 23 of the Constitution

31. Turin 25-06-2007 Article 22 Reports - Timetable Requested in February/March Due between 1 June and 1 September Reporting schedule prepared for each country on all Conventions ratified Reporting frequency –Every two years: Fundamental and Priority Conventions –Every five years: Other Conventions

32. Turin 25-06-2007 Article 22 Reports – Timetable Could be requested more frequently – outside the normal schedule for the Convention –If report not sent, still due the next year –New ratification – send first report one year after Convention comes into force in the country (2 years after ratification) –The Committee of Experts may request a report sooner than the normal schedule (Footnote in its report)

33. Turin 25-06-2007 Social partners Communication to; consultation under Convention No. 144 Observations –Valuable contributions, especially concerning practice. Raise problems that can be addressed before rise to subject of complaint. Any comments Government wants to make on the observations of Employers, Workers?

34. Turin 25-06-2007 Role of Trade Unions VERY IMPORTANT!

35. Turin 25-06-2007 Preparing the Report Can submit the report electronically Before sending, check: –Does the report refer to the reporting period? –Are the attachments included? –Does the report reply to the comments of the Committee of Experts?

36. Turin 25-06-2007 What happens to the report?

37. Turin 25-06-2007 Committee of Experts Members –appointed by the Governing Body on the proposal of the Director-General –Serve in personal capacity among completely impartial persons of technical competence and independent standing –drawn from all parts of the world, in order that the Committee may enjoy first-hand experience of different legal, economic and social systems

38. Turin 25-06-2007 Presentation of report in the Plenary Sitting of the International Labour Conference

39. Turin 25-06-2007 Reports on unratified Conventions

40. Turin 25-06-2007 Reports on Unratified Cs and Rs (Article 19) Committee of Experts makes a general survey every year of one particular subject, on the basis of reports required from all States.

41. Turin 25-06-2007 Reports on Unratified Cs and Rs (Article 19) General Surveys contain an analysis of domestic laws and comments by the Committee of Experts on their consistency with the instruments in question. Serve as a reference for the whole standard system. (timetable)

42. Turin 25-06-2007 Representations Complaints

43. Turin 25-06-2007 Representations Representations (Articles 24,25) National or international employers’ and workers’ organisations Tripartite Committee of the Governing Body

44. Turin 25-06-2007 COMPLAINT (Article 26-29, 31-34) Government of Member State (both ratified) Governing Body Delegate to the Conference (G, E, W) Commission of Inquiry Governing Body

45. Turin 25-06-2007 Special Procedure on Freedom of Association

46. Turin 25-06-2007 Special Procedure Freedom of Association Governing Body Committee on Freedom of Association (CFA) - 50th Anniversary 2001 Complaints whether Convention ratified or not Receivable complaints go to government for comment Examination by the Committee/possibility of direct contacts Recommendations adopted by the Governing Body

47. Turin 25-06-2007 Ending obligations under a Convention

48. Turin 25-06-2007 Denunciation Provision of Convention –144: 10 years from coming into force (10-year periods) Some as result of ratification of more recent Convention Communicate to ILO for registration

49. Turin 25-06-2007 Accessing information on international labour standards

50. Turin 25-06-2007 www.ilo.org International Labour Standards –ILOLEX –APPLIS –NATLEX –Cases of the Committee on Freedom of Association (LibSynd)

51. Turin 25-06-2007