THE INTERNATIONAL LABOUR ORGANIZATION

WWW.ILO.ORG
Modena, 20-22 february 2008 Michele Colucci info@colucci.eu - www.colucci.eu

HISTORY

Created in 1919, as part of the Treaty of Versailles

Commission of International Labour Legislation (9 countries): Belgium, Cuba, Czechoslovakia, France, Italy, Japan, Poland, the United Kingdom and the United States.

WHY?

Preamble of the ILO CONSTITUTION (1919)

lasting universal peace can be established only if it is based upon social justice (it was) urgent to improve the working conditions of large numbers of people, as injustice, hardship and privation produced such unrest that the peace and harmony of the world were imperilled The failure of any nation to adopt humane conditions of labour is an obstacle in the way of other nations which desire to improve the conditions in their own countries.

DECLARATION OF PHILADELPHIA (1944) All human beings, irrespective of race, creed or sex, have the right to pursue both their material well-being and their spiritual development in conditions of freedom and dignity, of economic security and equal opportunity".

What is the ILO?

An Intergovernmental body Is is a specialised agency associated to the UN

Up to 1945: all UN members were also ILO Members automatically After 1945: UN members must to accept ILO constitution Not UN member must to be accepted by qualified majority of the ILO Conference

WHAT IS NOT?

IT IS NOT A SUPRANATIONAL ENTITY

It may not impose obligations on Member States... ...unless they have voluntarely agreed to them!

The Only Tripartite Specialized Agency

181 Members All decisions on tripartite basis Each country represented by

Government representatives Most representative organization of workers Most representative organization of employers

Principle of Tripartism

Active interaction among the governments, workers and employers as representative, equal and independent social partners. Representatives of workers and employers to participate on an equal footing with those of governments in all discussions and decisionmaking.

ILO Structure

International Labour Conference Governing Body International Labour Office

INTERNATIONAL LABOUR CONFERENCE

STRUCTURE Annual over 4,000 delegates Each country represented by 2 Govt, 1 Workers, 1 Employers (A RIGHT PROPORTION?)

FUNCTIONS Adoption of International standards Supervision of the application of ratified conventions Examination of the report of the Director General

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GOVERNING BODY
STRUCTURE 56 members: 28 Govts (10 permanent), 14 Workers, 14 Employers (PROBLEM OF REPRESENTATIVITY)

FUNCTIONS Set the agenda of the ILC Select the Director General of the ILO Draw up the programme and the budget of the Organization

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INTERNATIONAL LABOUR OFFICE

Structure

Permanent Secretariat of the Organization More than 1000 independentofficials (100 countries) To Collect and disseminate information on Labour To carry out studies To execute technical co-operation To publish studies and reviews To provide secretariat for meetings

Functions

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MEANS OF ACTION

SETTING OF LABOUR STANDARDS

Conventions, Recommandations, but also resolutions, and guidelines

To lend organizational and financial support to developing countries

TECHNICAL CO-OPERATION

RESEARCH AND DISSEMINATION OF INFORMATION

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ILS Forms

CONVENTIONS (187 as of today)

are international treaties; when ratified, are legally binding; if not ratified, could represent legal objectives and influence national legislation; are technical or promotional.
are not open to ratification; are not legally binding; provide guidelines on national policy and practice.
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RECOMMENDATIONS (195 as of today)

ILS CHARACTERISTICS
Universality Flexibility Tripartism Realism

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CORE LABOUR STANDARDS

Freedom of association and the effective recognition of the right to collective bargaining Elimination of all forms of forced or compulsory labour Effective abolition of child labour Elimination of discrimination in respect of employment and occupation.

(Declaration of Fundamental Principles and Rights, 1998)

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SUBMISSION

Obligation to submit all Conventions and Recommendations to the competent national authorities, in the 12 months or, exceptionally, 18 months following the adoption (art. 19 ILO Constitution)

Obligation to inform the Director-General on the measures taken to submit the instruments (art. 19 ILO Constitution)

Obligation to send copies of the information on submission to the most representative workers and employers organizations (art. 23 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:
implementation of the Convention, both in law and in practice exposure to supervisory mechanisms
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Core Labour Standards Widely Ratified

123 countries ratified all 8 CLS, 19 have ratified 7, etc. (November 2006) Some 7,600 ratifications in all Ongoing ratification campaign: letters, Conference discussions, assistance

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International Labour Standards as

Models and targets for labour law Sources of International law applied at the national level Guidelines for social policy Other areas of influence

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Keeping in mind that... LABOUR IS NOT A COMMODITY !

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