ITUC HTUR Department

International Labour Standards

April 2010

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ILO General Presentation

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• ILO - Structure

• International Labour Standards

• ILO Supervisory Mechanisms

• ITUC’s ILO work

International Labour Organization

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• Founded in 1919, the International Labour Organisation (ILO) is only tripartie United Nation (UN) agency

– It brings together representatives of governments, employers and workers to jointly shape policies and programmes

– The tripartite structure 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

• It has 183 member States

• Its aims are to promote rights at work, encourage decent employment opportunities, enhance social protection and strengthen dialogue in handling work-related issues

• The ILO is responsible for drawing up and overseeing international labour standards (ILS)

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 workers’ representatives

14 employers’ representatives

28 governments representatives

ILO means of action

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• Standard setting and supervision– Setting of international labour standards (ILS) adopted

by the International Labour Conference

– Supervision of member States application of ILS

• Technical cooperation– Promotion of the objectives established by ILS

• Research and information– Ratification campaigns

» Contacts: ILO Office in Moscow

International Labour Standards

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• Conventions and Recommandations – See ILOLEX http://www.ilo.org/ilolex/english/convdisp1.htm

– 186 Conventions• international treaties which when ratified, are legally binding, if

not ratified, represent legal objectives and influence national legislation

• technical or promotional– Around 200 recommandations• not open to ratification and not legally binding• provide technical or general guidelines for national policy and

practice• The 8 ILO Fundamental Convention

– According to the ILO Declaration on Fundamental Principles and Rights at Work, 1998, all ILO member States, irrespective of the ratification of these Conventions, have an obligation to respect the principles they set out

Fundamental Labour Standards

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• Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)

• Right to Organise and Collective Bargaining Convention, 1949 (No. 98)

• Forced Labour Convention, 1930 (No.29)

• Abolition of Forced Labour Convention, 1957 (No. 105)

• Equal Remuneration Convention, 1951 (No. 100)

• Discrimination (Employment and Occupation) Convention, 1958 (No. 111)

• Minimum Age Convention, 1973 (No. 138)

• Worst Forms of Child Labour Convention, 1999 (No. 182)

C87 and C98 – Fundamental trade union rights

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• Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - The main points include: – The right of employers and workers, without distinction

whatsoever, to establish and join organizations – The right to establish organizations without previous authorization– The right of workers and employers to establish and join

organizations of their own choice – The right of workers and employers to draw up their constitutions

and rules, to elect their representatives in freedom and to organize their administration and activities

• Right to Organise and Collective Bargaining Convention, 1949 (No. 98)– Protection against acts of anti-union discrimination – Protection against acts of interference – Promotion of collective bargaining

• Right to Strike– Recognized by the ILO as a legitimate right which mayb be used

by workers and their organisations to defend their economic and social interests

The most common violations of trade union rights

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• Restriction of trade union rights by the law: • Non recognition of fundamental trade union rights in some

countries• Existence of state controlled union• Legal provision prohibiting the « obstruction of business »• Heavy government interference• Categories of workers being denied the right to organise such as:

workers in EPZs, migrant workers, domestic workers

• Violations of trade union rights• Killings, arrests, imprisonment of trade unionists• Death threats and assaults on trade unionists• Dismissals for union activities• Harassment, discrimination and intimidation of trade unionists• Strikers repression

What are the common violations of trade union rights?

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• Common violations of trade union rights includes:

• Killings, arrests, imprisonment of trade unionists• Death threats and assaults on trade unionists• Dismissals for union activities• Harassment, discrimination and intimidation of

trade unionists• Strikers repression

ILO Supervisory Mechanisms

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• Regular system of supervision

– Reporting obligation of ratified conventions of ILO member States’

• Every 2 years for fundamental and priority Conventions

• Every 5 years for other Conventions

– Report of the Committee of Experts on the Application of Conventions and Recommendations (CEACR)

– Report examined and discussed by the Tripartite Conference Committee on the Application of Standards (CAS)

• Special system of supervision

– Against a member State (even if they have not ratified the Convention concerned) in case of specific allegations of violations

– Committee on Freedom of Association (CFA)

ILO Regular System of Supervision - 1

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• Members states obligations:

– Art 22 ILO Constitution: obligation to submit reports on the measures taken to give effect to the provisions of a ratified Convention, both in law and practice

• According to a planning and deadline

– Art 23 par. 2 ILO Constitution: obligation to send copies of the reports on ratified Conventions to the most representative workers’ and employers’ organizations

• Which can comment on them

• CEACR– All comments are analysed by the CEACR and taken up in the annual report of

the CEACR published in March– 2009 report See http://www.ilo.org/ilolex/gbe/ceacr2009.htm

– Publication of an in-depth Annual General Survey on a specific subject and on member States national law and practice

– Composed of 20 independent, impartial and objectives persons appointed for 3 year term, being renewable by the Governing Body upon proposal made by the Director-General

• Tripartite Conference Committee on the Application of Standards (CAS)– Annual Conference in Geneva during which a list of particular cases (around 25)

are discussed

– Over 150 members from the 3 groups of delegates and advisers

ILO Regular System of Supervision - 2

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PROCEDUREPROCEDUREPROCEDUREPROCEDURE

COMMITTEE OF EXPERTS THE APPLICATION OF COMMITTEE OF EXPERTS THE APPLICATION OF CONVENTIONS AND RECOMMENDATIONSCONVENTIONS AND RECOMMENDATIONS

Direct requestssent to the government and the social

partners in the country concerned

CONFERENCE COMMITTEE ON THE APPLICATION STANDARDSCONFERENCE COMMITTEE ON THE APPLICATION STANDARDS

Report submitted to the plenary sitting of theINTERNATIONAL LABOUR CONFERENCEINTERNATIONAL LABOUR CONFERENCE

Governments’information and reports

1st June – 1st September

June

November

February Observations

published in its Report

Social partners’ comments

INTERNATIONAL LABOUR OFFICEINTERNATIONAL LABOUR OFFICE

March

ILO Committee on the Freedom of Association (CFA)

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• Each national, regional or international trade union can file complaints with the CFA– Only facts for related to non-respect of the conventions 87 and 98 – In the case of the national and regional trade unions the complaint

must be about facts implying one of their affiliates– Against a member State even if the country concerned has not

ratified the said conventions

• Each complaint is filed against a State. In no case a complaint can be filed against a workers’ or employers’ organisation– Sent by post to the ILO Director General (please put the ITUC in copy

of the complaint– Each complain gets an ILO registration number– Essential to follow up the complaints filed and to respond to the ILO

requests for additional information if any– Possibility to submit complementary information

• The Committee meets three times a year (in March, June and November). Complaints, however, can be filed all during the year

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• Monitoring and control on application

– Contribution to the ILO Supervisory Mechanisms

• Submissions to Committee of Experts on the Application of Conventions and Recommandations (CEACR) (derived from the Annual Survey of violations of trade union rights)

• Support to affiliates in the writing of their comments (to be sent to the ITUC – deadlines 31/08) and during the CAS

• Comments on Governments' Reports to the CEACR

• Complaints to the Committee of Freedom of Association• Submit complaints

• Support to affiliates in their complaints

– Participation in ILO standards setting

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ITUC input to ILO work

Thank you for your attention and never hesitate to contact us

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Contact details: ITUC HTUR Department

Boulevard du Roi Albert II 5, B 1, 1210

Brussels, Belgium

Email: turights@ituc-csi.org

Tel (direct): 00 32 2 224 03 04