International Labour Organization

ASHUTOSH PANDEY

Born into Crisis

Rooted in the Real Economy

Responding Today

The International Labour Organization 1919-2009

Born into Crisis Rooted in the Real Economy Responding Today

The International Labour Organization

Specialized agency of the UN 182 member States 40 field offices throughout the world

Devoted to advancing opportunities for women and men to obtain decent and productive work in conditions of freedom, equity, security and human dignity
Placing employment at the heart of development policy

The ILO: Born into Crisis

Founded in 1919 as part of Treaty of Versailles that ended First World War A response to the extraordinary economic development of the Industrial Revolution, which was accompanied by intolerable human suffering and social unrest
Workers demanding democratic rights decent working conditions Visionary industrialists saw social progress as critical to survival of private industry and

The ILO: Reaching deep into the Real Economy

The only tripartite organization in the UN family.
Employers and workers representatives have an equal voice with that of governments

Operates with practical, concrete and specific contributions from its tripartite constituents
Promote labour standards Create greater opportunities for decent employment Enhance coverage and effectiveness of social protection
Strengthen tripartism and social dialogue to advance these goals.

The ILO: Experience Responding to Crisis

In its first year, the ILO adopted 6 conventions, including those covering
Hours of Work Unemployment Insurance Maternity Protection Minimum Age

The ILO: Experience Responding to Crisis

In the 1930s, in the wake of global financial collapse, the ILO worked to coordinate a global approach toward raising labour standards and rebuilding employment.

The ILO: Experience Responding to Crisis

At the end of Second World War, the ILO adopted the Declaration of Philadelphia as nations looked to a future of peace and security
Labour is not a commodity Freedom of expression and association are essential to sustained progress Poverty anywhere constitutes a danger to prosperity everywhere

All human beings have the right to pursue their material well being in conditions of freedom and dignity, economic security and equal opportunity

The ILO: Experience Responding to Crisis

1950s 1970s
Creation and expansion of technical cooperation to help newly decolonized nations build sustainable economies

1980s 1990s
Response to end of Cold War, helping newly democratic countries restore functioning labour markets Response to Asian financial crisis Declaration on Fundamental Principles and Rights at Work

2000s
Decent Work Agenda responds to global poverty World Commission on the Social Dimension of Globalization Declaration on Social Justice for a Fair Globalization

The ILOs Decent Work Agenda

Work is central to peoples well being Creating decent work should be at the heart of development policy Make globalization more inclusive and fair

The ILOs Decent Work Agenda

Centered on the ILOs key strategic objectives
Employment
The principal route out of poverty is work

Rights
People in poverty need representation, participation voice and

Protection
Earning power is suppressed marginalization and lack systems by of support

Dialogue
The only way to solve problems peacefully

A World in Crisis
Current world financial meltdown worst since the Great Depression World growth in 2009 will be lowest since the Second World War World trade expected to contract by 2.8% in 2009 after growing 7.8% annually over the past three years

The crisis is spreading

From largest industrialized nations to emerging economies to least developed countries Beyond the financial markets
Credit crunch Waning consumer and business confidence International linkages
World trade Commodity price drops Fall off in FDI and capital flows Remittances falling for first time decades Drop in development assistance?

private

in

and affecting the real economy

Global unemployment in the formal sector could rise to 6.5% this year
A total of 210 million people out of work

77 million workers in developing countries be pushed into poverty Some hit especially
Women Youth Migrants

to

hard

Case in Point: Women and the Crisis

Number of unemployed women will rise by as much as 22 million in 2009 Women are often regarded as a flexible reserve, to be drawn into the labour market in upturns and expelled in downturns i.e. casual, temporary, contract, and home workers
Women concentrated in export-oriented firms that are exposed to global slowdown Shrinking economies and reduced social protection tend to hit women and children harder

Its having far-reaching consequences

Risk of prolonged labour market recession
Job losers tend to lose skills and get discouraged after one year of unsuccessful job search

Rise in informal employment and working poverty Threats to social cohesion and stability, public support for globalization, achievement of MDGs Sense that innocent victims are hit, largely because benefits from earlier growth went mainly to high-income groups A social crisis is at hand

Problem: Unemployment and informalisation are difficult to reverse

50 45 40 35 30 25 20 15 10 5 0 1991 2001

Duration of output recovery and job market recovery after the 1991 and 2001 recessions in the U.S. (in months)

Output Job Market Recovery

Source: Irons, John (2009) 'How long would a job-market recovery take'? , Economic Policy Institute, January 7

Vulnerable employment to increase by 113 million

Change, in millions, 2007 - 2009
South Asia Sub-Saharan Africa S.E. Asia & Pac. North Africa Middle East Cent., SE Eur. & CIS Lat. Am. & Caribbean 0
Source: ILO, 2009, Global Employment Trends

10

15

20

25

30

35

Low Unemployment Insurance coverage in many economies

Brazil China Japan U.S. Canada UK France Germany

Share of unemployed workers NOT receiving unemployment benefits

20

40

60

80

100

Percentage

Source: IILS estimates based on national statistics. For Brazil, recipiency rate is taken from Vroman and Brusentsev (2005), Unemployment Compensation Throughout the World: A Comparative Analysis, and applied to the level of unemployment from the Dec. 2008 Labour Force Survey.

The challenge to be met

Preventing the financial crisis from becoming a long-lasting labour market and social crisis
Averting widespread, major increases in unemployment Avoiding long-lasting shift to informal work Staving off large increases in poverty among the worlds working poor

What countries are already doing

Most have taken some action
Much of focus is stabilizing financial markets and attempting to restore liquidity Many economic recovery packages are targeted at the real economy to stimulate demand
Cutting taxes and boosting government spending Targeting infrastructure development Spending on education and health Extension of unemployment benefits, incentives, retraining and other to help workers and crisis

hiring actions targeted employers weather the

Multilateral action
In April 2009, statement of the G20 London Summit of world leaders:
Support those affected by the crisis by creating employment opportunities and through income support measures Support employment by stimulating growth, investing in education and training, and through active labour market policies, focusing on the most vulnerable We call upon the ILO, working with other relevant organisations, to assess the actions taken and those required for the future.

But there are still many shortcomings

Action has been swift, but relatively unfocused Financial rescue measures are generally far in excess of fiscal tools to stimulate demand Impact has been limited to date Lack of coordination among countries Little attention to development assistance for poorer countries Structural causes are not being addressed
Return to status quo (the crisis before the crisis) would leave the world vulnerable to future downturns

Financial rescue efforts vs. fiscal rescue efforts

Spain Portugal U.K. France Germany U.S. 0 10 20 30 40
Source: IILS, based on ILO, OECD & Bloomberg.

Fiscal Rescue Efforts Financial Rescue Efforts

Percentage of GDP

Case in Point: Unemployment Insurance

United States
2008 financial stimulus included extension of Unemployment Insurance benefits New administration indicates further extensions to come

Europe
Many countries expanding Unemployment Insurance duration, benefits and eligibility
OECD recommends strengthening countries with short Insurance benefits safety net in duration of Unemployment

China
Financial stimulus package include income to expected to and employment support jobless families

Case in Point: Skills and Job Training

Canada: Economic recovery plan emphasizes training
$1 billion for job training delivered through unemployment insurance programme $500 million strategic training and transition fund available to all individuals

$40 million for apprenticeship programmes Long-tenured worker programme to extend Unemployment Insurance benefits while worker is being retrained

 Prior to the onset of the current meltdown

Global economy was not producing sufficient jobs where people live 86 million young people were unemployed Existing framework of development not working for many people Globalization not delivering for them

The Crisis Before the Crisis

Fate of developing countries hangs in the balance

This is truly not the moment to let them
down and to say sorry, we have to fend for ourselves One of the biggest problems we have is an enormous lack of coordination among all these stimulus packages, and that can easily lead to beggar-thy-neighbor policies, and we are already seeing indications of that.
Juan Somavia, Director-General, ILO

ILO Recommended Measures

Ensure flow of credit and stimulate demand Extend social protection and retraining
Focus on the vulnerable

Support productive and sustainable enterprises

Small and medium-sized businesses and cooperatives Employment-intensive investment Green jobs Ensure restructuring of enterprises and sectors socially sensitive

is

ILO Recommended Measures

Ensure core labour standards are promoted and not undermined or eroded Strengthen social dialogue, tripartism, and ILO role in multilateral system Maintain and expand development aid

Case in Point: Protection

Social

Brasils Bolsa Familia: Federal cash transfer programme focused on poor families
Serves 11 million poor families, with a monthly income up to per capita (US$ 60.00)

2009 Budget: approx. US$ 5 billion - 0.4 % GDP

Conditioned on health monitoring for pregnant women and infants, child school attendance Integrated with programmes addressing child labour and forced labour Studies show significant success in reduction of poverty and child malnutrition, raising gender equity and economic activity Studies also show programme does not create disincentive to work

Case in Point: Green Jobs

Renewable energy 20 million jobs by 2030
Germany boosted jobs in renewables from 160,000 to 260,000 in just two years China has 1,000 manufacturers of solar thermal panels employing 600,000 workers Recycling in China employs 10 million workers Columbias ethanol mandate is expected to create 170,000 jobs World Bank: Biofuels could generate 1.1 million jobs in Africa

Case in Point: Employment Intensive Investment Productive and social infrastructure, protection of the
productive resource base
Roads, irrigation, construction and rehabilitation of schools and health centres, forestation, soil and water conservation

3-5 times more direct jobs created Multiplier effect: 1.6 2.0 Foreign exchange: typically savings Costs: typically 20% cheaper Contribution to increased GDP

50%

Case in Point: Social Dialogues Value in Crisis Ireland

Faced serious economic difficulties into the 1980s 1987 - Social partners and government concluded first in series of tripartite agreements on national recovery Country subsequently became economic leader in Europe

Case in Point: Social of Korea Republic Dialogues Value in Crisis

History of hostile relationship between unions and the state Creation of Tripartite Commission to address 1997-98 Asian financial crisis Social Agreement of 1998 enabled layoffs, expanded workers rights and gave government flexibility to act against crisis Economic recovery followed soon thereafter

Needed: A Global Jobs Pact

Address similar problems at the same time with a global approach Stimulus packages should be more employment oriented Target small- and medium-sized enterprises
Responsible for most of new and existing jobs in most countries

Avoid wage deflation and pave the way toward a more sustainable economy through greater emphasis on
Social Protection Workers Rights / Social Dialogue

How a Global Jobs Pact would work

To restore credit
Condition government financial support on provision of credit for viable new projects Direct access to government loans for small- and medium-sized businesses

To ensure fiscal stimulus boosts economic activity

Target employment-intensive areas Support to small- and medium-sized Ensure workers have the skills to new requirements Promote rural and agricultural dimensions critical in developing enterprises respond to

countries

How a Global Jobs Pact would work

To account for the lags in launching new infrastructure projects
Provide support to existing jobs through shorter working hours, partial Unemployment Insurance benefits and training Enhance social protection through well-designed programme and make it broad-based

To strengthen the safety net for those or cannot find jobs

Unemployment Insurance benefits employment guarantees Active labour market and training programmes Specific attention to vulnerable groups women, youth, migrants

who lose
and

Case in Point: Small and Medium Enterprises More than 95% of OECD enterprises are classified as SMEs
Account for up to 70% of the working population Dynamism and flexibility

However, they are also among most vulnerable in crisis

Weaker financial structures and limited access to credit Often dependent on global value chains

ILO has resources and provides policy advice aimed at strengthening SME finance
Microfinance, mico-leasing, micro-insurance and mutual guarantee systems

Summing it up
Global economic crisis is deepening Risk of prolonged labour market recession Countries are acting but rescue packages thus far not sufficient
Too much financial, not enough fiscal Need more focus on creating decent work and protecting people Too little coordination among nations

Not enough attention to development dimensions of the crisis

Social stability is at risk, particularly in developing countries

Summing it up
Prescriptions for a more sustainable economy
Restore credit and ensure that banks lend to viable businesses Target small and medium enterprises, the engines of job growth, in credit restoration and infrastructure projects Provide employment benefits and broad-based social protection to help workers and families weather the downturn Use social dialogue and worker protections in countries to avoid wage deflation Motivate multilateral institutions to work cooperatively toward more balanced globalization that promotes sustainability from economic, social and environmental viewpoints

Looking Ahead
International Labour Conference, June 2009
Restructuring agenda to place emphasis on the crisis
Special Committee on the Crisis Two-day Global Summit on Dealing with the Jobs Crisis

ILO Declaration on Social Justice for a Fair Globalization

Reaffirms commitment to open economies and open societies Calls for a stronger action nationally and internationally
Achieve social cohesion Combat poverty and rising inequality This is our contribution to making sure that once the mess is cleared up, there will be no room for the destructive behavior of financial actors to ruin peoples lives and the real economy.
Juan Somavia, Director-General, ILO

ILO
Social Justice and Tripartism:

Programme for Workers Activities (ACTRAV) International Training Center of ILO

Objectives of this Session

We will try to understand:
1. Fundamental Goal and Principle of ILO

2. Structure (Major Components) of ILO

3. Major Functions of ILO 4. Roles of ACTRAV (Bureau for Workers Activities)

1. Fundamental Goal and Principle of ILO

PREAMBLE

Fundamental Goal of ILO

Universal and lasting SOCIAL JUSTICE peace can be established only if it is Better Working Conditions based upon social justice
Tripartite System
Technical Co-operation

Standard Setting

Meetings - Information - Research - Expertise

Tripartism: Fundamental Principle

Tripartism is :
The active interactions among the government, workers and employers as representative, equal and independent social partners.

To seek mutually agreeable solutions for issues of common concerns.

Tripartism in Shape
Governments

ILO
Employers Workers

Tripartism: How it works?

Active Interaction in order to seek joint solutions

Partners must be willing to reach, and respect, agreements

Partners must be committed, competent and active

Tripartism: Strength of ILO

ILO is the only UN agency which has the tripartite system imbedded in its root.

The Tripartite System enables: the representatives of workers and employers to participate on an equal footing with those of governments in all discussions and the process of decision-makings.

2. Structure of ILO

Major Components of ILO Structure

International Labour Conference

Governing Body
International Labour Office

International Labour Conference (1)

- Meet every year in Geneva in June; - Each member State is represented by two G delegates, one E delegate and one W delegate, plus advisers.

Main Tasks:
1. 2. 3. 4. 5. Work out (in Committee) and adopt (in Plenary) international labour standards, and supervise their application; Elect Governing Body, and decide to admit a new Member Freely discuss social and labour questions of importance to the entire world; Pass resolutions which provide guidelines for the ILO's general policy and future activities. Adopt every two years the ILO's biennial work programme and budget

International Labour Conference (2)

Conference Committees
1. Selection Committee (28G, 14E, 14W) 2. Credentials Committee (G, E, W) 3. Conference Drafting Committee 4. Committee on the Application of Conventions and Recommendations 5. Finance Committee of Government Representatives 6. Other committees - such as a committee to discuss a new standard

Governing Body of ILO (1)

The executive body of the ILO
Meets three times a year (in March, June and November); Takes decisions on ILO policy; Decides the agenda of the Conference; Adopts the draft Programme and Budget of the Organization; and Elects the Director-General.

Composition
56 titular (28 G, 14 E and 14 W) and 66 deputy (28 G, 19 E and 19 W). Ten of the titular government seats are permanently held by States of chief industrial importance (Brazil, China, France, Germany, India, Italy, Japan, the Russian Federation, the United Kingdom and the United States). The Employer and Worker members are elected in their individual capacity. GB Election is held every three years (2002 is the election year!)

Governing Body of ILO (2)

The Governing Body has the following committees:
Committee on Freedom of Association (CFA) Programme, Financial and Administrative Committee (PFA) Committee on Legal Issues and International Labour Standards (LILS) Working Party on Policy regarding the Revision of Standards (WP/PRS) Subcommittee on Multinational Enterprises (MNE) Committee on Employment and Social Policy (ESP)

Committee on Sectoral and Technical Meetings and Related Issues (STM)

Committee on Technical Cooperation (TC) Working Party on the Social Dimension of Globalization (WP/SDG)

International Labour Office (1)

The permanent secretariat of the ILO, located in Geneva. Focal point for the overall activities that it prepares under the scrutiny of the Governing Body and under the leadership of a Director-General

Some 1,900 officials of over 110 nationalities at the headquarters and in 40 field offices around the world. Some 600 experts undertaking missions in all regions of the world under the programme of technical cooperation. A research and documentation centre and a printing house

International Labour Office (2)

The Regional Office (RO)

Sub-Regional Office (SRO)

The Area Office (AO)

International Training Center of ILO

3. Major Functions of ILO

Standard Setting
International Labour Standards (ILS)
Conventions Recommendations

Adoption by the Conference

Application at national level

(through legislation and practice)

ILS : Classification
Basic human rights Employment Social policy Conditions of work Social security Women

Labor administration
Children and young persons

Industrial relations
Protection of special groups

ILS : Core Labour Standards

Standards concerning fundamental human/social rights
Freedom of Association
C. 87 C. 98

Freedom from Discrimination

C. 100 C. 111

Freedom of Association, 1948

Right to Collective Bargaining, 1949

Equal Remuneration, 1951

Discrimination (Employment and Occupation), 1958

Freedom from Forced Labour

C. 29 Forced Labour, 1930 C. 105 Abolition of Forced Labour, 1957

Minimum Age for Employment

C. 138 Minimum Age, 1973 C. 182 Elimination of Worst Forms of Child Labour, 1999

Technical Cooperation
Dispatch specialists to Member States to advise on technical matters Provisions of facilities for training to further the aims of full employment, the raising of standards of living, and greater job satisfaction. Vocational training facilities

4. Roles of ACTRAV

Tripartism: Summary
Governments

Active Partnership
ACTEMP
Employers

ILO

ACTRAV
Workers

Achievement of Social Justice through establishment and maintenance of Active Partnership among the Governments, Workers and Employers Organizations.

Tripartism: Role of ACTRAV

For the spirits and purposes of the Tripartism, trade unions must be representative, competent and responsible, which give real effect to the system and methodology.

ACTRAV supports the establishment and strengthening of free, independent, democratic and representative trade unions in all countries in the world.

What does ACTRAV do?

Supports trade unions to be formed and to develop as truly representative social partners; Disseminate policies and programmes of the ILO and its technical units to trade unions; Reflect interests of trade unions in programmes and actions of the ILO; Support workers representatives in ILOs decision making bodies; and Educate and train trade union leaders/ activists/staff.

Tripartism: Structure of ACTRAV

Bureau for Workers Activities (ILO/ACTRAV-Geneva)
Asia/Pacific Desk: K. Takagi Overall policy/strategy making Liaison with other unit Support for Workers Group Reflection of workers interests

ILO/ACTRAV-Turin (International Training Center of the ILO)

Field Specialists (RO, SRO and AO) Bangkok: R. Raghwan New Delhi: P.S. Ahn Manila: D.P.A. Naidu

Asia/Pacific: H. Ishibashi
Implementation of training programmes

Direct contact with unions Implementatio n of ACTRAV policies and strategies in each country Dissemination of information

ACTRAV-Team For Asia/Pacific

ILO HQ / ACTRAV = Kimi Takagi Desk for Asia/Pacific

ILO Sub-Regional Office in Bangkok (for East Asia) = R. Raghwan Senior Specialist for Workers Activities ILO Sub-Regional Office in New Delhi (for South & Central Asia) = Ahn Pong-Sul Senior Specialist for Workers Activities

ILO Sub-Regional Office in Manila (for South East Asia & Pacific) = D.P.A. Naidu Senior Specialist for Workers Activities
ITC-ILO (Turin Center) = Hiro Ishibashi Programme Officer for Asia/Pacific

ACTRAV-Turin Team
Enrico Cairola - Programme Manager Marc Belanger - IT Specialist Ben I. Dia - Africa and Arab States Carmen Benitez - Americas and Gender Hiro Ishibashi - Asia and the Pacific Freek Thomasson Europe

5. Issues for Discussion

Current Issues Concerning ILO

Low and declining union density Question of Representativeness
Organized full-time male workers Model Most competent workers organizations provision

Widening North-South gap Question of Universality

Lack of representations of developing countries in many of ILO structures and activities Euro-centrism

Summary of this Session

1. Fundamental Goal and Principle of ILO
Achievement of Social Justice through Tripartism

2. Structure of ILO
International Labour Conference, Governing Body and International Labour Office

3. Major Functions of ILO

Standard Setting and Technical Cooperation.

4. Roles of ACTRAV
Empowerment of workers organizations

Thank you for your attention!

Programme for Workers Activities (ACTRAV) ITC-ILO

ILO in IR
ILO establish in 1919, on April 19 by Versailles Peace Conference India become member of ILO in 1919

81

ILO
Objective of ILO Full employment and raising of standard of living Adequate protection for the life and health of the workers The assurance of educational and vocational opportunity Stru
82

Structure of ILO The International Conference The governing body The international labor office

Functions of ILO
Conditions of work Child works Migrant workers Health, Safety and Welfare Social Security Manpower organization and Vocational Training
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The International Labour Organization and International Labour Standards

www.itcilo.org International Training Centre of the ILO 84

International Labour Organization

Was founded in 1919 Is a United Nations specialized agency Has 181 Member States Is the only international tripartite organization

www.itcilo.org

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ILO objectives and principles

Universal and lasting peace can be established only if it is based upon social justice Labour is not a commodity Freedom of expression and association are essential to sustained progress 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 [...] equal opportunities PREAMBLE TO THE ILO CONSTITUTION, 1919 DECLARATION OF PHILADELPHIA, 1944

www.itcilo.org

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Tripartism
Tripartism is the active participation of workers and employers, together with governments, in all ILO activities The tripartite structure of the ILO enables the representatives of workers and employers to participate on an equal footing with those of governments in all discussion and the process of decision-making

www.itcilo.org

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ILO Structure
International Labour Conference
4 delegates per member State
1 workers delegate 2 governments delegates

1 employers delegate

Governing Body
14 workers representatives 28 governments representatives 14 employers representatives

International Labour Office

www.itcilo.org International Training Centre of the ILO 88

International Labour Standards (ILS)

CONVENTIONS International treaties When ratified are legally binding If not ratified, are sources of inspiration for domestic law Variable content (Conventions recognizing fundamental rights, technical or promotional Conventions) 188 Conventions (as of July 2007) RECOMMENDATIONS Not open to ratification Not legally binding Provide general or technical guidelines for national action 199 Recommendations (as of July 2007)

www.itcilo.org

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Other ILO instruments

Declarations Resolutions Codes of practice

www.itcilo.org

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Characteristics of ILS
Tripartism Universality Flexibility

Application subject to an international control

www.itcilo.org

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ILO fundamental Conventions

ALL ILO MEMBER STATES, IRRESPECTIVE OF THE RATIFICATION OF THESE CONVENTIONS, HAVE THE OBLIGATION TO RESPECT THE PRINCIPLES THEY SET OUT
(ILO Declaration on Fundamental Principles and Rights at Work, 1988)

C87 Freedom of Association and Protection of the Right to Organise Convention, 1948 C98 Right to Organise and Collective Bargaining Convention, 1949 C29 Forced Labour Convention, 1930 C105 Abolition of Forced Labour Convention, 1957 C138 Minimum Age Convention, 1973 C182 Worst Forms of Child Labour Convention, 1999 C100 Equal Remuneration Convention, 1951 C111 Discrimination (Employment and Occupation) Convention, 1958

www.itcilo.org

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Types of provisions to be found in ILO Conventions

Provisions granting in an unconditional manner clear and precise rights Provisions granting rights of a general nature whose content is not specified by the instrument Provisions granting rights and allowing States to decide the conditions for their implementation Directive like provisions requiring States to adopt measures to apply in domestic law the guarantees recognized by the Convention Provisions of a programmatic nature requiring States to adopt and implement a general policy
www.itcilo.org International Training Centre of the ILO 93

Ratification
Is the official commitment by a Member State to be bound by the provisions of a Convention under international law Is a political decision Cannot involve reservations Consequences: (1) implementation of the Convention, both in law and in practice; (2) exposure to supervisory mechanisms

www.itcilo.org

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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
www.itcilo.org International Training Centre of the ILO 95

Most relevant ILO supervisory bodies for judges and lawyers

Committee of Experts on the Application of Conventions and Recommendations (CEACR) Committee on Freedom of Association (CFA)

www.itcilo.org

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Functions of the ILO supervisory bodies

Supervise the respect of ILO Member States obligations stemming from ILS In so doing, clarify the meaning and scope of ILS provisions Through their action, a body of case law has been progressively built up

www.itcilo.org

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THANK YOU FOR YOUR ATTENTION! Standards and Fundamental Principles and Rights at Work Programme: normesturin@itcilo.org
PPt prepared by Maura Miraglio

www.itcilo.org

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Supervision of ILO Conventions

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The ILO supervisory system

Systematic mechanisms for examining the implementation of ratified ILO Conventions Ongoing dialogue between Governments and the ILO Can be complemented by technical cooperation

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ILO Structure

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ILO Organs
International Labour Conference International Labour Standards 182 Member States

Governing Body
56 members

International Labour Office Permanent Secretariat

Research and documentation centre

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International Labour Standards

Conventions
When ratified, these are legally binding

Recommendations
General or technical guidelines

If they are not ratified, they represent objectives and influence national legislation

Not open to ratification

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Ratification
Formal registration Comes into force 1 year later

Obligations to report:
1st report one year after a Convention comes into force Periodic report every 1 to 5 years

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Core ILO Conventions

29 (Forced Labour) and 105 (Abolition of Forced Labour) 138 (Minimum Age) and 182 (Worst Forms of Child Labour) 100 (Equal Remuneration) and 111 (Discrimination in Employment and Occupation) 87 (Freedom of Association and Protection of the Right to Organize) and 98 (Right to Organize and Collective Bargaining)

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Supervisory mechanisms: Regular supervision (Article 22, ILO Constitution)

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Special procedures: Representations (Article 24 ILO Constitution)

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What is the role of indigenous peoples?

Indigenous peoples do not have a formal place within the ILOs supervisory mechanisms In order to access the supervisory system directly and officially, it is necessary to work with or through the ILOs tripartite partners (most often workers organizations) Indigenous organizations can send verifiable information directly to the ILO (laws, court decisions, etc.) Information from UN agencies, projects and mechanisms can be taken into account by the supervisory mechanisms Innovative approaches can also be found e.g., Norway Governments can develop official national mechanisms for the inclusion of indigenous peoples in research, and the implementation and monitoring of the Convention Indigenous peoples can work directly with the ILO through technical cooperation

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The role of technical cooperation

Sensitization and capacity-building

Identification of implementation challenges

Response to comments of supervisory bodies Facilitation of dialogue, improving coordination Development of legislation, policies and programmes Facilitating the establishment of mechanisms for implementation and monitoring

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