("ILO") is an international organization which works to improve working conditions and promote social justice and human rights. The ILO was created in 1919, as part of the Treaty of Versailles that ended World War I, to reflect the belief that universal and lasting peace can be accomplished only if it is based on social justice.
To address the problems caused by the
industrialization of Europe in the 19th century, Robert Owen of Wales, and Jerome Blanqui and Daniel Legrand of France, among others, brought the need for international cooperation in setting labor standards to international prominence. The reasons articulated for the necessity of cooperation were both benevolent and economic. Cooperation was necessary to eradicate poverty and
Furthermore, international cooperation was
necessary because each nation would be at a competitive disadvantage if it imposed higher standards unilaterally. Ultimately, these concerns led to the formation of The International Labour Organization on April 11, 1919 as an affiliated agency of the League of Nations. After the creation of theUnited Nations, the ILO became the first specialized agency to be affiliated with the UN in 1946.
The driving forces for ILO's creation arose
from security, humanitarian, political and economic considerations. Summarizing them, the ILO Constitution's Preamble says the High Contracting Parties were 'moved by sentiments of justice and humanity as well as by the desire to secure the permanent peace of the world...'
There was keen appreciation of the
importance of social justice in securing peace, against a background of exploitation of workers in the industrializing nations of that time. There was also increasing understanding of the world's economic interdependence and the need for cooperation to obtain similarity of working conditions in countries competing for markets. Reflecting these ideas, the Preamble
ILO's Mission
The ILO website states the organization's
goal as "bringing decent work and livelihoods, job-related security and better living standards to the people of both poor and rich countries." From its inception, the ILO has recognized social justice as a prerequisite to world peace. After the Second World War, its aims and purposes were reasserted and strengthened in TheDeclaration of Philadelphia, adopted on May 19, 1949, which states:
Labour is not a commodity;
Freedom of expression and association are essential to sustained progress; Poverty anywhere constitutes a danger to prosperity anywhere; [and] 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.
Whereas universal and lasting peace can be
established only if it is based upon social justice; And whereas conditions of labour exist involving such injustice hardship and privation to large numbers of people as to produce unrest so great that the peace and harmony of the world are imperilled; and an improvement of those conditions is urgently required; Whereas also 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.
The areas of improvement listed in the Preamble
remain relevant today, for example:
Regulation of the hours of work including the
establishment of a maximum working day and week; Regulation of labour supply, prevention of unemployment and provision of an adequate living wage; Protection of the worker against sickness, disease and injury arising out of his employment;
Protection
of children, young persons and women;
Provision for old age and injury, protection of the interests of workers when employed in countries other than their own; Recognition of the principle of equal remuneration for work of equal value; Recognition of the principle of freedom of association; Organization
of vocational and technical education,
and other measures.
Organization
With headquarters in Geneva, Switzerland, the
ILO studies, creates, and monitors labor law standards; compiles extensivestatistical reports; and provides a wide range of technical assistance. ItsAdministrative Tribunalalso hears disputes raised by employees of international organizations. The ILO has numerous regional offices, a residentialInternational Training Centrein Turin, Italy, an International Institute for Labour Studies in Geneva, and fourteen Multidisciplinary Teams (MDTs) throughout the developing world to provide technical assistance.
The Organization's basic structure is comprised of
theInternational Labour Conference(the "Conference"), theGoverning Body, and The International Labour Office (the "Office,"). The Conference is the large deliberative body which meets yearly to set policy, adopt conventions and recommendations, and monitor progress in the application of labor standards. The ILO's unique tripartite structure requires that for each member country in the ILO, there are four representatives in the Conference: two representatives of the country's government, one representative of employers' groups, and one representative of employees' groups.
The Governing Body is the executive body
of the ILO. It is comprised of 28 government representatives, fourteen employers' representatives, and fourteen employees' representatives
The Constitution was drafted between January and
April, 1919, by the Labour Commission set up by the Peace Conference, which first met in Paris and then in Versailles. The Commission, chaired by Samuel Gompers, head of the American Federation of Labour (AFL) in the United States, was composed of representatives from nine countries: Belgium, Cuba, Czechoslovakia, France, Italy, Japan, Poland, the United Kingdom and the United States. It resulted in a tripartite organization, the only one of its kind bringing together representatives of governments, employers and workers in its executive bodies.
Conventions and Recommendations
After extensive preparation by the Office
and the Governing Body, the Conference, usually after consideration in two of its annual sessions, adopts Conventions and Recommendations. These are then brought to the attention of the appropriate authorities of the member nations by their representatives.
Conventionsare treaties which do not bind a
country unless ratified by that country. Each member country is bound to present ILO conventions which have secured a two-thirds majority in the Conference to that country's appropriate ratifying authority. ILO conventions must be ratified as written and without reservations, but sometimes include flexibility clauses to accommodate different climactic conditions or states of development of particular countries.
Ram Z. Porat v. Lincoln Towers Community Association, Bonafice Bulloy, Fnu Perry, Thomas McNamara Richard Lopez, New York City Police Officer Richard Lopez, Individually and in His Official Capacity, John Does 1-4, Police Officer John Doe 5, Individually and in His Official Capacity, John Doe Corporation 1-2, and the City of New York, Docket No. 05-1631-Cv, 464 F.3d 274, 2d Cir. (2006)