THE INTERNATIONAL LABOUR ORGANIZATION AND ITS STANDARD SYSTEM

1. THE INTERNATIONAL LABOUR ORGANIZATION AND ITS STANDARD SYSTEM

2. THE INTERNATIONAL LABOUR ORGANIZATION

3. INTERNATIONAL LABOUR ORGANIZATION • was created in 1919 • is a United Nations specialised agency • has 181 member States • is the only worldwide organization founded on a tripartite structure

4. 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 spiritual development in conditions of … equal opportunities Preamble to the ILO Constitution/Declaration of Philadelphia

5. TRIPARTISM • Tripartism is the active interaction among the governments, workers and employers as representative, equal and independent social partners • 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

6. 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

7. MEANS OF ACTION standard-setting activities • elaboration and adoption of international labour standards • supervision of member States application of international labour standards technical cooperation • promotion of the objectives established by international labour standards

8. INTERNATIONAL LABOUR STANDARDS

9. ILS FORMS Conventions • are international treaties • when ratified, are legally binding • if not ratified, could represent legal obligations and influence national legislation • are technical or promotional • 188 Conventions (as of September 2007) Recommandations • are not open to ratification • are not legally binding • provide guidelines • 199 Recommendations (as of September 2007)

10. CHARACTERISTICS • universality • flexibility • tripartism • application subject to an international control

11. FUNDAMENTAL CONVENTIONS Irrespective of the ratification of these conventions,all ILO Members have an obligation to respect their principles (ILO Declaration, 1998) • C.87 Freedom of Association and Protection of the Right to Organise Convention, 1948 • C.98 Right to Organise and Collective Bargaining Convention, 1949 • C.29 Forced Labour Convention, 1930 • C.105 Abolition of Forced Labour Convention, 1957 • C.100 Equal Remuneration Convention, 1951 • C.111 Discrimination (Employment and Occupation) Convention, 1958 • C.138 Minimum Age Convention, 1973 • C.182 Worst Forms of Child Labour Convention, 1999

12. SUBMISSION OF ILS: A CONSTITUTIONAL OBLIGATION • Member States have the obligation to submit all newly adopted Conventions and Recommendations to the national authorities vested with the power to legislate in the 12 or, exceptionally, 18 months following their adoption • Source: Article 19, paras. 5, 6 and 7, • of the ILO Constitution

13. OBJECTIVES OF SUBMISSION • Promote national dialogue on ILS recently adopted • Promote action as to their application at national level • For conventions, promoting their ratification • Stimulate a tripartite dialogue concerning ILS

14. RATIFICATION • 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 supervisory mechanisms

15. SYSTEMS OF SUPERVISION regular system of supervision • based on the ratification of a Convention and a reporting obligation on its application special systems of supervision • involve cases of specific allegations of violations against a member State