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    International Labour

    OrganizationASHUTOSH PANDEY

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    Born into Crisis

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    Rooted in the Real Economy

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    Responding Today

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    Responding Today

    Rooted in the Real EconomyBorn into Crisis

    The International Labour Organization1919-2009

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    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 International Labour Organization

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    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.

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    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

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    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.

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    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

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    The ILO: Experience Responding to Crisis

    1950s 1970s

    Creation and expansion of technical cooperation to help newly de-

    colonized 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

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    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

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    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 needrepresentation, participation andvoice

    Protection

    Earning power is suppressed bymarginalization and lack of support

    systems Dialogue

    The only way to solveproblems peacefully

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    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

    A World in Crisis

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    The crisis is spreading

    From largest industrialized nations to emerging economies toleast 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 privatecapital flows

    Remittances falling for first time indecades

    Drop in development assistance?

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    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 to

    be pushed into poverty

    Some hit especially hard

    Women

    Youth

    Migrants

    and affecting the real economy

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    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 drawninto the labour market in upturns and expelled in downturns -

    i.e. casual, temporary, contract, and home workers

    Shrinking economies and reduced

    social protection tend to hit

    women and children harder

    Women concentrated in export-oriented firms

    that are exposed to global slowdown

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    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-incomegroups

    A social crisis is at hand

    P bl U l t d

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    Problem: Unemployment and

    informalisation are difficult to

    reverse

    0

    5

    10

    1520

    25

    30

    35

    4045

    50

    1991 2001

    Output

    Job MarketRecovery

    Duration of output

    recovery and job

    market recovery

    after the 1991 and

    2001 recessions in

    the U.S. (in months)

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

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    Vulnerable employment to increase by

    113 million

    Change, in millions, 2007 - 2009

    0 5 10 15 20 25 30 35

    Lat. Am. & Caribbean

    Cent., SE Eur. & CIS

    Middle East

    North Africa

    S.E. Asia & Pac.

    Sub-Saharan Africa

    South Asia

    Source: ILO, 2009, Global Employment Trends

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    Low Unemployment

    Insurance coverage in many

    economies

    0 20 40 60 80 100

    Germany

    France

    UK

    Canada

    U.S.

    Japan

    China

    Brazil

    Percentage

    Share ofunemployed

    workers NOT

    receiving

    unemployment

    benefits

    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 fromthe Dec. 2008 Labour Force Survey.

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    The challenge to be met

    Preventing the financial crisis from becominga 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 povertyamong the worldsworking poor

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    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, hiringincentives, retraining and other actions targetedto help workers and employers weather thecrisis

    What countries are

    already doing

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    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 takenand those required for the future.

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    But there are still many shortcomings

    Action has been swift, but relatively unfocused

    Financial rescue measures are generally far in excess of fiscaltools 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 theworld vulnerable to future downturns

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    Financial rescue efforts vs. fiscal

    rescue efforts

    0 10 20 30 40

    U.S.

    Germany

    France

    U.K.

    Portugal

    Spain

    Percentage of GDP

    Fiscal Rescue Efforts

    Financial Rescue Efforts

    Source: IILS, based on ILO, OECD & Bloomberg.

    Case in Point:

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    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 andeligibility

    OECD recommends strengthening safety net in

    countries with short duration of UnemploymentInsurance benefits

    China

    Financial stimulus package expected toinclude income and employment supportto jobless families

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    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 toextend Unemployment Insurance

    benefits while worker is being retrained

    Case in Point:

    Skills and Job Training

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    The Crisis Before the Crisis Prior to the onset of the current meltdown

    Global economy was not producing sufficient jobswhere people live

    86 million young people wereunemployed

    Existing framework ofdevelopment not working

    for many people Globalization not delivering

    for them

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    Fate of developing countries hangs in

    the balance

    This is truly not the moment to let themdown 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

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    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 is

    socially sensitive

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    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

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    Case in Point: Social

    Protection

    Brasils Bolsa Familia: Federal cash transfer programmefocused 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 forcedlabour

    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

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    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: Biofuelscould generate 1.1

    million jobs in Africa

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    Case in Point:

    Employment Intensive Investment Productive and social infrastructure, protection of theproductive 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 50%

    savings

    Costs: typically 20% cheaper

    Contribution to

    increased GDP

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    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

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    Case in Point:

    Social Dialogues Value in Crisis Republic of Korea History of hostile relationship between unions and the state

    Creation of Tripartite Commission to address 1997-98 Asian financial

    crisis

    Social Agreement of 1998 enabledlayoffs, expanded workers rights and gave

    government flexibility to

    act against crisis

    Economic recovery followed soon

    thereafter

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    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 sustainableeconomy through greater emphasis

    on

    Social Protection

    Workers Rights / Social Dialogue

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    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 enterprises

    Ensure workers have the skills to respond to

    new requirements Promote rural and agricultural

    dimensions critical in developing countries

    How a Global Jobs Pact

    would work

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    How a Global Jobs Pact would work

    To account for the lags in launching new infrastructureprojects 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 who loseor cannot find jobs Unemployment Insurance benefits and

    employment guarantees

    Active labour market and training programmes

    Specific attention to vulnerable groupswomen, youth, migrants

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    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 guaranteesystems

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    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

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    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 tohelp 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

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    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 thereal economy.

    Juan Somavia, Director-General, ILO

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    ILOSocial Justice and Tripartism:

    Programme for Workers Activities (ACTRAV)

    International Training Center of ILO

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    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)

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    1. Fundamental Goal and Principle

    of ILO

    PREAMBLE

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    Fundamental Goal of ILO

    Standard

    Setting TechnicalCo-operation

    Better Working Conditions

    Meetings - Information - Research - Expertise

    SOCIAL JUSTICE

    Tripartite

    System

    PREAMBLE

    Universal

    and lastingpeace can be

    established

    only if it isbased upon

    social justice

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    Tripartism: Fundamental Principle

    Tripartism is :

    The active interactions among thegovernment, workers and employers asrepresentative, equal and independent socialpartners.

    To seek mutually agreeable solutions for issues of

    common concerns.

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    ILOEmployers Workers

    Governments

    Tripartism in Shape

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    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, competentand active

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    Tripartism: Strength of ILO

    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.

    ILO is the only UN agency which has

    the tripartite system imbedded in its root.

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    2. Structure of ILO

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    Major Components of ILO Structure

    International Labour Conference

    Governing Body

    International Labour Office

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    International Labour Conference (1)

    Main Tasks:1. Work out (in Committee) and adopt (in Plenary) international labour standards, and

    supervise their application;

    2. Elect Governing Body, and decide to admit a new Member

    3. Freely discuss social and labour questions of importance to the entire world;

    4. Pass resolutions which provide guidelines for the ILO's general policy and futureactivities.

    5. Adopt every two years the ILO's biennial work programme and budget

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

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    International Labour Conference (2)

    Conference Committees1. 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

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    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!)

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    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)

    http://www.ilo.org/public/english/standards/relm/gb/refs/gbguide.htmhttp://www.ilo.org/public/english/standards/relm/gb/refs/gbguide.htmhttp://www.ilo.org/public/english/standards/relm/gb/refs/gbguide.htmhttp://www.ilo.org/public/english/standards/relm/gb/refs/gbguide.htmhttp://www.ilo.org/public/english/standards/relm/gb/refs/gbguide.htmhttp://www.ilo.org/public/english/standards/relm/gb/refs/gbguide.htmhttp://www.ilo.org/public/english/standards/relm/gb/refs/gbguide.htmhttp://www.ilo.org/public/english/standards/relm/gb/refs/gbguide.htmhttp://www.ilo.org/public/english/standards/relm/gb/refs/gbguide.htmhttp://www.ilo.org/public/english/standards/relm/gb/refs/gbguide.htmhttp://www.ilo.org/public/english/standards/relm/gb/refs/gbguide.htmhttp://www.ilo.org/public/english/standards/relm/gb/refs/gbguide.htmhttp://www.ilo.org/public/english/standards/relm/gb/refs/gbguide.htmhttp://www.ilo.org/public/english/standards/relm/gb/refs/gbguide.htmhttp://www.ilo.org/public/english/standards/relm/gb/refs/gbguide.htmhttp://www.ilo.org/public/english/standards/relm/gb/refs/gbguide.htmhttp://www.ilo.org/public/english/standards/relm/gb/refs/gbguide.htmhttp://www.ilo.org/public/english/standards/relm/gb/refs/gbguide.htm
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    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 ofthe world under the programme of technical cooperation.

    A research and documentation centre and a printing

    house

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    International Labour Office (2)

    The Regional Office (RO)

    Sub-Regional Office (SRO)

    The Area Office (AO)International Training Center of ILO

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    3. Major Functions of ILO

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    Standard Setting

    International Labour Standards (ILS)Conventions Recommendations

    Application at national level(through legislation and practice)

    Adoption by the Conference

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    ILS : Classification

    Basic human rights

    Employment

    Conditions of work

    Social security

    Social policy

    Labor administration

    Women

    Industrial relations

    Children and youngpersons

    Protection of specialgroups

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    Freedom of Association

    ILS : Core Labour Standards

    Standards concerning fundamental human/social rights

    Freedom ofAssociation, 1948

    Right toCollective

    Bargaining, 1949

    C. 87 C. 98

    Freedom from Forced Labour

    Forced Labour,1930

    Abolition ofForced Labour,

    1957

    C. 29 C. 105

    Minimum Age for Employment

    Minimum Age,1973

    Elimination ofWorst Forms of

    Child Labour, 1999

    C. 138 C. 182

    Freedom from Discrimination

    EqualRemuneration,

    1951

    Discrimination(Employment andOccupation), 1958

    C. 100 C. 111

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    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 jobsatisfaction.

    Vocational training facilities

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    4. Roles of ACTRAV

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    Tripartism: Summary

    Employers Workers

    Governments

    ILOActive Partnership

    ACTEMP ACTRAV

    Achievement of Social Justice through establishment and maintenance of

    Active Partnership among the Governments, Workers and Employers

    Organizations.

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    For the spirits and purposes of the Tripartism,trade unions must be representative, competentand responsible, which give real effect to the

    system and methodology.

    Tripartism: Role of ACTRAV

    ACTRAV supports the establishment andstrengthening of free, independent,

    democratic and representative trade

    unions in all countries in the world.

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    Supports trade unions to be formed and to developas truly representative social partners;

    Disseminate policies and programmes of the ILOand its technical units to trade unions;

    Reflect interests of trade unions in programmesand actions of the ILO;

    Support workers representatives in ILOs decisionmaking bodies; and

    Educate and train trade union leaders/

    activists/staff.

    What does ACTRAV do?

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    Tripartism: Structure of ACTRAV

    Bureau for WorkersActivities

    (ILO/ACTRAV-Geneva)

    Asia/Pacific Desk: K. Takagi

    ILO/ACTRAV-Turin

    (International Training Center of theILO)

    Asia/Pacific: H. Ishibashi

    Field Specialists

    (RO, SRO and AO)

    Bangkok: R. RaghwanNew Delhi: P.S. AhnManila: D.P.A. Naidu

    Overall policy/strategymaking

    Liaison with other unit

    Support for Workers

    GroupReflection of workersinterests

    Implementation of

    training programmes

    Direct contactwith unions

    Implementation of ACTRAVpolicies andstrategies ineach country

    Dissemination

    of information

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    ACTRAV-Team For Asia/Pacific

    ILO HQ / ACTRAV

    = Kimi Takagi Desk for Asia/Pacific

    ILO Sub-Regional Office in Bangkok (for East Asia)

    = R. RaghwanSenior Specialist for Workers Activities

    ILO Sub-Regional Office in New Delhi (for South & Central Asia)

    = Ahn Pong-SulSenior Specialist for Workers Activities

    ILO Sub-Regional Office in Manila (for South East Asia & Pacific)= D.P.A. NaiduSenior Specialist for Workers Activities

    ITC-ILO (Turin Center)

    = Hiro Ishibashi Programme Officer for Asia/Pacific

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    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

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    5. Issues for Discussion

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    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 ofILO structures and activities

    Euro-centrism

    Current Issues Concerning ILO

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    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

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    Thank you for your attention!

    Programme for Workers Activities (ACTRAV)

    ITC-ILO

    ILO in IR

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    ILO in IR

    81

    ILO establish in 1919, on April 19 by VersaillesPeace Conference

    India become member of ILO in 1919

    ILO

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    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

    The International

    Conference

    The governing body

    The international labor

    office

    Objective of ILO Structure of ILO

    82

    Functions of ILO

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    Functions of ILO

    Conditions of work

    Child works

    Migrant workers

    Health, Safety and Welfare

    Social Security

    Manpower organization and VocationalTraining

    83

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    The International Labour

    Organizationand International Labour Standards

    International Labour Organization

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    International Labour Organization

    Was founded in 1919 Is a United Nations specialized agency

    Has 181 Member States

    Is the only international tripartite organization

    ILO objectives and principles

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    j p p

    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 tosustained progress

    All human beings, irrespective of race, creed or sex havethe right to pursue both their material well-being andtheir spiritual development in conditions of [...] equalopportunities

    PREAMBLE TO THE ILO CONSTITUTION, 1919DECLARATION OF PHILADELPHIA, 1944

    Tripartism

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    p

    Tripartism is the active participation ofworkers and employers, together withgovernments, in all ILO activities

    The tripartite structure of the ILO enables therepresentatives of workers and employers toparticipate on an equal footing with those ofgovernments in all discussion and the process

    of decision-making

    ILO Structure

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    4 delegates per member State

    International Labour Conference

    Governing Body

    International Labour Office

    1 workers

    delegate

    1 employers

    delegate

    2 governments

    delegates

    14 workersrepresentatives

    14 employersrepresentatives28 governmentsrepresentatives

    International Labour Standards (ILS)

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    ( )

    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)

    Other ILO instruments

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    Declarations

    Resolutions

    Codes of practice

    Characteristics of ILS

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    Tripartism

    Universality

    Flexibility

    Application subject to an international control

    ILO fundamental Conventions

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    ALL ILO MEMBER STATES, IRRESPECTIVE OF THE

    RATIFICATION OF THESE CONVENTIONS, HAVE THEOBLIGATION 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

    Types of provisions to be found in ILO

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    yp p

    Conventions

    Provisions granting in an unconditional manner clearand precise rights

    Provisions granting rights of a general nature whosecontent is not specified by the instrument

    Provisions granting rights and allowing States todecide the conditions for their implementation

    Directive like provisions requiring States to adoptmeasures to apply in domestic law the guaranteesrecognized by the Convention

    Provisions of a programmatic nature requiring Statesto adopt and implement a general policy

    Ratification

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    Is the official commitment by a Member Stateto be bound by the provisions of a Conventionunder international law

    Is a political decision Cannot involve reservations

    Consequences: (1) implementation of theConvention, both in law and in practice; (2)exposure to supervisory mechanisms

    ILO supervisory mechanisms

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    p y

    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

    Most relevant ILO supervisory bodies for judges andlawyers

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    lawyers

    Committee of Experts on the Application ofConventions and Recommendations (CEACR)

    Committee on Freedom of Association (CFA)

    Functions of the ILO supervisory bodies

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    Supervise the respect of ILO Member Statesobligations stemming from ILS

    In so doing, clarify the meaning and scope ofILS provisions

    Through their action, a body of case law hasbeen progressively built up

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    THANK YOU FOR YOUR ATTENTION!

    Standards and Fundamental

    Principles and Rights at Work

    Programme:

    [email protected]

    PPt prepared by Maura Miraglio

    Supervision of ILO

    mailto:[email protected]:[email protected]
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    Indigenous and Tribal Peoples | www.ilo.org/indigenous | www.pro169.org

    Supervision of ILOConventions

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    ILO Structure

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    Indigenous and Tribal Peoples | www.ilo.org/indigenous | www.pro169.org

    ILO Organs

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    Indigenous and Tribal Peoples | www.ilo.org/indigenous | www.pro169.org

    International Labour OfficePermanent Secretariat

    Research and documentation centre

    Governing Body56 members

    International Labour ConferenceInternational Labour Standards

    182 Member States

    International Labour Standards

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    Indigenous and Tribal Peoples | www.ilo.org/indigenous | www.pro169.org

    Conventions

    When ratified, theseare legally binding

    If they are notratified, theyrepresent objectivesand influence

    national legislation

    Recommendations

    General or technicalguidelines

    Not open toratification

    Ratification

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    Indigenous and Tribal Peoples | www.ilo.org/indigenous | www.pro169.org

    Formal registration

    Comes into force 1 year later

    Obligations to report:

    1st report one year after a Conventioncomes into force

    Periodic report every 1 to 5 years

    Core ILO Conventions

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    29 (Forced Labour) and 105 (Abolition ofForced 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 toOrganize and Collective Bargaining)

    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?

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    Indigenous and Tribal Peoples | www.ilo.org/indigenous | www.pro169.org

    Indigenous peoples do not have a formal place within theILOs supervisory mechanisms

    In order to access the supervisory system directly andofficially, it is necessary to work with or through theILOs tripartite partners (most often workersorganizations)

    Indigenous organizations can send verifiableinformation directly to the ILO (laws, court decisions,etc.)

    Information from UN agencies, projects and mechanismscan 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, andthe implementation and monitoring of the Convention Indigenous peoples can work directly with the ILO

    through technical cooperation

    The role of technical cooperation

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    Sensitization and capacity-building

    Identification of implementation challenges

    Response to comments of supervisory bodies

    Facilitation of dialogue, improving coordination

    Development of legislation, policies andprogrammes

    Facilitating the establishment of mechanisms forimplementation and monitoring