1. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 1 International Labour Standards (ILS) and their supervision: an overview

2. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 2 Programme for the session The context: brief introduction to the ILO ILS: - what are they? - how are they adopted? - how are they supervised?

3. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 3 International Labour Organization Founded in 1919 United Nations specialized agency 181 Member States Is the only worldwide organization based on a tripartite structure

4. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 4 Principle of tripartism Tripartism means bringing together representatives of governments, employers and workers to jointly shape policies and programmes The tripartite structure of the ILO enables employers' and workers' organizations to have an equal voice with governments in all its deliberations The ILO encourages tripartism within Member States by promoting social dialogue to help design and implement national policies

5. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 5 4 delegates per Member State International Labour Conference Governing Body International Labour Office 1 worker delegate 1 employer delegate 2 government delegates 14 worker members 14 employer members 28 government members ILO Structure

6. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 6 ILO means of action Standard-setting activities, i.e. drawing up and overseeing ILS Technical cooperation Research, training, education and publication programmes

7. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 7 What are ILS? CONVENTIONS International treaties When ratified, legally binding If not ratified, can influence domestic legislation and policies Variable content (Conventions recognizing fundamental rights, technical Conventions, promotional Conventions) 188 Conventions adopted as of today RECOMMENDATIONS Not open to ratification Not legally binding Provide general or technical guidelines for national action 199 Recommendations adopted as of today

8. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 8 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 Wages Working time Occupational safety and health Social security Maternity protection Social policy Migrant workers Seafarers Fishermen Dockworkers Indigenous and tribal peoples Specific categories of workers

9. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 9 Characteristics of ILS Universality Flexibility Tripartism Adaptability

10. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 10 ILO fundamental Conventions FREEDOM OF ASSOCIATION AND COLLECTIVE BARGAINING C87 Freedom of Association and Protection of the Right to Organise Convention, 1948 C98 Right to Organise and Collective Bargaining Convention, 1949 FORCED LABOUR C29 Forced Labour Convention, 1930 C105 Abolition of Forced Labour Convention, 1957 CHILD LABOUR C138 Minimum Age Convention, 1973 C182 Worst Forms of Child Labour Convention, 1999 DISCRIMINATION IN EMPLOYMENT AND OCCUPATION C100 Equal Remuneration Convention, 1951 C111 Discrimination (Employment and Occupation) Convention, 1958

11. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 11 Adoption of ILS Single-discussion procedure Double-discussion procedure The terms “single” and “double” refer to how many times the issue is put on the agenda of the International Labour Conference

12. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 12 GOVERNING BODY Suggestions from governments, workers, employers, ILO Office, UN Agencies, etc. Participation Governments Consultation Governments TRIPARTITE CONFERENCE COMMITTE first discussion Consultation Participation Governments Consultation INTERNATIONAL LABOUR CONFERENCE adoption Participation Governments Consultation ILO OFFICE: III Report ILO OFFICE: IV Report ILO OFFICE: II Report ILO OFFICE: I Report Double-discussion procedure TRIPARTITE CONFERENCE COMMITTE second discussion Role of social partners

13. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 13 Submission Member States have an obligation to submit all newly adopted ILS to the competent national authorities in the 12 or, exceptionally, 18 months after their adoption Aims at promoting the implementation of ILS and, in the case of Conventions, to promote their ratification

14. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 14 Ratification of Conventions Official 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 ILO supervisory mechanisms

15. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 15 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

16. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 16 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

17. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 17 COMMITTEE OF EXPERTS ON THE APPLICATION OF CONVENTIONS AND RECOMMENDATIONS Direct requests sent to the government and the social partners in the country concerned TRIPARTITE CONFERENCE COMMITTEE ON THE APPLICATION STANDARDS INTERNATIONAL LABOUR CONFERENCE in plenary 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 Regular supervisory procedure

18. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 18 Special systems of supervision REPRESENTATIONS (ART. 24) AND COMPLAINTS (ART. 26) Require that the Convention concerned is ratified FREEDOM OF ASSOCIATION COMPLAINTS Even if the Convention concerned has not been ratified

19. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 19 Art. 24 representations WHO CAN MAKE A REPRESENTATION? Any national or international employers’ or workers’ organization TO BE RECEIVABLE, THE REPRESENTATION MUST: Be in writing Emanate from an organization of employers or workers Specifically refer to Art. 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

20. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 20 AD HOCTRIPARTITE COMMITTEE AD HOC TRIPARTITE COMMITTEE report with findings and recommendations Workers’ or employers’ organization COMMITTEE ON FREEDOM OF ASSOCIATION if the representation involves FOA GOVERNING BODY decides on the receivability INTERNATIONAL LABOUR OFFICE 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 Representation procedure (Art. 24)

21. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 21 Art. 26 complaints WHO CAN FILE A COMPLAINT? Any ratifying Member State The Governing Body ex officio One or more delegates to the International Labour Conference (government, employer or worker delegate)

22. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 22 International Labour Conference delegate Governing Body ex officio Ratifying Member State GOVERNING BODY COMMISSION OF INQUIRY report with findings and recommendations GOVERNING BODY If the government accepts the recommendations If the government does not accept the recommendations CEACR follows up on their implementation may appeal to the INTERNATIONAL COURT OF JUSTICE for final decision Complaint procedure (Art. 26)

23. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 23 Complaints on FOA TO BE RECEIVABLE, THE COMPLAINT MUST: Emanate from governments, employers’ or workers’ organizations: - national, having direct interest in the matter - international, having consultative status with the ILO - international, where allegations relate to matters directly affecting affiliated organizations Be in writing Be signed Be supported by evidence

24. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 24 Government, workers’ or employers’ organization COMMITTEE ON FREEDOM OF ASSOCIATION reviews the complaint and prepares a report with conclusions and recommendations INTERNATIONAL LABOUR OFFICE transmits the complaint to the government concerned for observations GOVERNING BODY approves the CFA report Direct contacts mission may be initiated If the Convention is ratified CEACR The case may be referred to the CEACR Report communicated to government concerned for action and published If the Convention is not ratified CFA Follow-up by the CFA Freedom of association procedure

25. © International Training Centre of the ILO 2007 www.itcilo.orgInternational Training Centre of the ILO 25 THANK YOU FOR YOUR ATTENTION! Standards and Fundamental Principles and Rights at Work Programme: normesturin@itcilo.org