THE INTERNATIONAL LABOUR STANDARDS (ILS) SYSTEM A GENERAL INTRODUCTION FOR TRADE UNIONS

1. THE INTERNATIONAL LABOUR STANDARDS (ILS) SYSTEM A GENERAL INTRODUCTION FOR TRADE UNIONS

2. SUBJECTS COVERED BY ILS • Freedom of association, collective bargaining and industrial relations • Wages • Working time • Occupational safety and health • Forced labour • Elimination of child labour and protection of children and young persons • Social security • Maternity protection • Equality of opportunity and treatment • Migrant workers  Any missing subject? • Seafarers • Tripartite consultation • Labour administration and inspection • Fishers • Employment policy and promotion • Dockworkers • Vocational guidance and training • Indigenous and tribal peoples • Employment security • Specific categories of workers • Social policy

3. INTERNATIONAL LABOUR STANDARDS • Conventions  are international treaties when ratified, are legally binding • if not ratified, could represent legal objectives and influence national legislation 187 Conventions (as of today)  Do you know other ILO instruments? • Recommendations are not open to ratification are not legally binding • provide general or technical guidelines on national policy and practice 198 Recommendations (as of today) • Protocols

4. CHARACTERISTICS OF ILS • Universality • ILS are to be applied in countries with different social and economic structures • Flexibility • ILS take into account the needs of all ILO member States • Tripartism • ILS are the fruit of a tripartite consensus

5. ILO FUNDAMENTAL CONVENTIONS • C87 Freedom of Association and Protection of the Right to Organise, 1948 • C98 Right to Organise and Collective Bargaining, 1949  Why have these Conventions been identified as “fundamental”? • C29 Forced Labour, 1930 • C105 Abolition of Forced Labour, 1957 • C100 Equal Remuneration, 1951 • C111 Discrimination (Employment and Occupation), 1958 • C138 Minimum Age, 1973 • C182 Worst Forms of Child Labour, 1999 All ILO member States, irrespective of the ratification of these Conventions, have an obligation to respect, promote and realize the principles they set out (ILO Declaration on Fundamental Principles and Rights at Work, 1998)

6. HOW ARE ILS ADOPTED? • Identification of the problem • Item is put on the ILC agenda • Item is discussed at the ILC • Following a «single» or «double» discussion procedure

7. THE SINGLE-DISCUSSION PROCEDURE Role of employers and workers Suggestions from governments, workers, employers, ILO Office, UN Agencies, etc. Governing Body Participation Conference Item Governing Body Participation ILO Office: Law and practice report Governments Consultation ILO Office: Final report Governments Consultation Tripartite Conference Committee FIRST DISCUSSION Participation Conference Plenary ADOPTION Participation

8. THE DOUBLE-DISCUSSION PROCEDURE Role of employers and workers Suggestions from governments, workers, employers, ILO Office, UN Agencies, etc. Governing Body Participation Conference Item Participation Governing Body ILO Office: Law and practice report Consultation Governments ILO Office: Draft conclusions Consultation Governments Tripartite Conference Committee FIRST DISCUSSION Participation ILO Office: Draft instrument Consultation Governments ILO Office: Final report Consultation Governments Tripartite Conference Committee SECOND DISCUSSION Participation Conference Plenary ADOPTION Participation

9. SUBMISSION OF ILS • All newly adopted ILS should be submitted to the competent national authorities (normally the legislature) in the 12 or, exceptionally, 18 months following their adoption • To promote the implementation of ILS at national level • In the case of Conventions, also to promote their ratification

10. RELATED OBLIGATIONS • To inform the Director-General of the ILO Office on measures taken to submit the instruments • To send copies of the report to the representative organizations of employers and workers  Any experience in the participating organizations?

11. RATIFICATION • Is the formal commitment by a member State to be bound by the provisions of a Convention under international law  What does ratification entail? • Reservations are not allowed within the ILO  Why reservations are not allowed? More than 7,400 ratifications have been registered as of today

12. 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

13. DENUNCIATION • Is the act whereby a member State may terminate its obligations under a ratified Convention • Two types • “Pure” denunciations, permitted every 10 years following the initial entry into force of the Convention • “Automatic” denunciations, result from the ratification of a Convention revising an earlier one

14. ILO SUPERVISORY MECHANISMS ON THE APPLICATION OF ILS • Regular system of supervision • involve the submission and examination of periodic reports on the application of ratified Conventions • Special systems of supervision • involve cases of specific allegations of violations against a member State

15. REGULAR SYSTEM OF SUPERVISION • Member States have an obligation to submit periodical reports on the measures taken to give effect to the provisions of ratified Conventions, both in law and in practice (Art. 22 ILO Constitution) • Employers’ and workers’ organizations may make any observations they wish on the application of ratified Conventions  Any experience?

16. PERIODICITY OF REPORTS • Every 2 years for fundamental and priority Conventions • C87 Freedom of Association and Protection of the Right to Organise, 1948 • C98 Right to Organise and Collective Bargaining, 1949 • C29 Forced Labour, 1930 • C105 Abolition of Forced Labour, 1957 • C100 Equal Remuneration, 1951 • C111 Discrimination (Employment and Occupation), 1958 • C138 Minimum Age, 1973 • C182 Worst Forms of Child Labour, 1999 • C122 Employment Policy, 1964 • C81 Labour Inspection, 1947 • C129 Labour Inspection (Agriculture), 1969 • C144 Tripartite Consultation (International Labour Standards), 1976 • Every 5 years for other Conventions

17. REPORTING WHEEL SHOWING PERIODICITY Author: D. Tajgman

18. CONTENT OF REPORTS ON RATIFIED CONVENTIONS • Detailed reports • the first report after the ratification of the Convention (1 year after the entry into force) • if the CEACR or the Conference expressly ask for a detailed report • when important changes occur in the application of the Convention • Simplified reports • in all other cases

19. THE COMMITTEE OF EXPERTS ON THE APPLICATION OF CONVENTIONS AND RECOMMENDATIONS • Consists of 20* persons • with eminent qualifications in the legal field • appointed by the Governing Body upon proposal made by the Director-General • appointed for 3 year term, being renewable • independent, impartial and objective

20. THE CONFERENCE COMMITTEE ON THE APPLICATION OF STANDARDS • Consists of well over 150 members • from the three groups of delegates and advisers • charged with examination and discussion of the CEACR’ Report

21. THE REGULAR SUPERVISORY PROCESS ON THE APPLICATION OF ILS Governments submit reports Social partners may comment 1st June – 1st September INTERNATIONAL LABOUR OFFICE November & December COMMITTEE OF EXPERTS THE APPLICATION OF CONVENTIONS AND RECOMMENDATIONS (CEACR) examines reports, comments and related information Observations published in the CEACR’ Report March Direct requests sent to the government and the social partners in the country concerned April TRIPARTITE CONFERENCE COMMITTEE ON THE APPLICATION STANDARDS examines the CEACR’ Report and discusses a selection of cases June INTERNATIONAL LABOUR CONFERENCE discusses and adopts the Committee’s Report in plenary

22. SPECIAL SYSTEMS OF SUPERVISION ON THE APPLICATION OF ILS • Representations (Art. 24 of the ILO Constitution) • Complaints (Art. 26 of the ILO Constitution) • both require that the Convention concerned be ratified • Freedom of association procedures • even if the Convention concerned has not been ratified

23. ART. 24 REPRESENTATIONS • Who can make a representation? • any local, national or international employers’ or workers’ organization • In order to be receivable, the representation must: • be in writing • emanate from an organization of employers or workers • specifically refer to Article 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 within its jurisdiction

24. THE REPRESENTATION PROCEDURE INTERNATIONAL LABOUR OFFICE informs the government concerned and submits the representation to the GB Employers’ or workers’ organization GOVERNING BODY decides on the receivability and appoints a Tripartite Committee COMMITTEE ON FOA if the representation involves FOA AD HOCTRIPARTITECOMMITTEE asks the government for information and submits a report with findings and recommendations Decides whether to publish the representation and any government reply GOVERNING BODY examines the report and adopts it Decision communicated to the organization and government concerned

25. 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)

26. THE COMPLAINT PROCEDURE Ratifying Member State Governing Body ex officio International Labour Conference delegate GOVERNING BODY may appoint a Commission of Inquiry (COI) COMMISSION OF INQUIRY investigates the complaint and prepares a report with findings and recommendations Member States must cooperate with the COI GOVERNING BODY notes the report If the government accepts the recommendations If the government does not accept the recommendations CEACR follows up on their implementation may appeal to the ICJ for final decision GB may take action under Art. 33 of the ILO Constitution

27. THANK YOU FOR YOUR ATTENTION! ILS/FPR Programme e-mail: normesturin@itcilo.org