1. The International Labour Organization (ILO) & International Labour Standards (ILS) Tim De Meyer, Specialist on International Labour Standards & Labour Law International Labour Office, Bangkok Subregional Office for East Asia (SRO Bangkok), Thailand

2. 2 Part I The International Labour Organization

3. 3 International Labour Organization (ILO) Organization of Governments, Employers and Workers from 181 countries Mandate to promote social justice through decent work as a matter of respect for individual dignity economic and social development international peace and stability

4. 4 ILO’s Decent Work agenda Decent work = work which does not only provide men or women a pass- time and a short-term livelihood, but also rights, i.e. the power to choose and negotiate accordingly protection against the uncertainties of (working) life for workers and their families participation in the workplace and the wider community

5. 5 Decent Work Strategic Objectives To promote and realize fundamental principles and rights at work To create greater opportunities for women and men to secure decent employment and income To enhance the coverage and effectiveness of social protection for all To strengthen tripartism & social dialogue

6. 6 ILO - ITUC Relationship ILO is an international forum for G, E & W - ITUC gives a voice to Workers ITUC is a consultative organization of the ILO, as is the World Federation of Trade Unions (WFTU) the Organization of African Trade Union Unity (OATUU) the European Trade Union Council (ETUC) the International Organization of Employers (IOE)

7. 7 ILO - ITUC Relationship Where independent trade unions are absent or weak, ITUC plays an important role in bringing representations or complaints information on the application of ratified Conventions ITUC may endorse information from NGOs such as Anti-Slavery International or the Global March

8. 8 ILO means of action Setting and supervising the application of international labour standards Providing technical cooperation to developing countries Collecting and disseminating information (knowledge)

9. 9 Part II International Labour Standards

10. 10 Recommendations Not open to ratification Same authority as Conventions Contain good practices, guidelines, higher standards or advice directly addressed to W & E organizations Conventions (Protocols) States must consider ratification, but do not have to ratify If ratified, they are binding under international law ILO does not accept reservations If not ratified, they still do influence national law & policy International Labour Standards

11. 11 International Labour Standards Since 1919, the International Labour Organization has adopted 188 Conventions, 199 Recommendations and 5 Protocols fundamental human rights at work occupational safety and health social security employment policy... Governing Body has extensively reviewed the relevance of the all ILS since 1995

12. 12 ILO Conventions in Asia Pacific Ratification average at about 66 % of world average, 40 % of OECD average 60 – 40 – 24 - 15 East Asia ratifications significantly lower than in the rest of Asia Many countries start to ratify again after long periods of « drought » Ratification record dominated by older technical Conventions, but FHR Conventions are on the rise

13. 13 Governing Body Revision Policy Up to date : 79 C (+ 5 P), 79 R To be revised : 22 C, 14 R Outdated (including withdrawn, replaced or shelved instruments): 60 C, 69 R Requests for info : 5 C, 12 R Interim status : 24 C, 26 R No conclusion : 1 C, 1 R

14. 14 ILO : Organizational Structure International Labour Conference Tripartite « world assembly » of labour (1 E + 2 G + 1 W) x 181 Adopts Conventions and Recommendations Governing Body of the IL Office Tripartite executive council 14 E + 28 G (10) + 14 W Sets agenda of the Conference International Labour Office Secretariat, headed by a Director-General

15. 15 IL Standards Terminology Adoption (= creation) Submission to the competent authorities (= dissemination and orientation) Ratification (= commitment) Denunciation (= cancelling commitment) Application (= law and practice) Supervision (= monitoring application by ILO)

16. 16

17. 17

18. 18

19. 19

20. 20

21. 21 Submission : what is it ? to bring newly adopted Conventions and Recommendations before the national authorities competent to legislate or take other action to give effect to the C. & R. Government must send Report of Submission to the ILO Copy of government’s report must be sent to most representative workers' and employers' organizations

22. 22 Submission : why ? obtaining a decision from the competent authorities on action to take submission must be accompanied by a statement of the government's view (C. 144 = consultation !) legislature should hold debate informing and mobilizing public opinion, thus submission to the legislative assembly even when this assembly is not vested with legislative power or the instrument does not require legislative action

23. 23 Submission : when ? DG sends a certified copy of the authentic text of the instruments to the Government labour and/or foreign affairs ministers submission within 12 or, in exceptional circumstances, 18 months of adoption for unitary states federal states that consider the Convention or Recommendation appropriate for federal action submission within 18 months for federal states if constituent states are competent to deal with the matter

24. 24 Art. 19 Reports : Features in respect of unratified Conv’s & Recom’s, by topic every year the ILO Governing Body selects a different subject matter follows a report form from the GB Gov’t reports due by 1 April of the year for which the GB has requested the report Committee of Experts analyses reports with comments in a “General Survey”

25. 25 Art. 19 Reports : Purpose to document comparative law and practice on a topic of current interest to renew interest in an important, but forgotten standard to identify obstacles to ratification e.g. verify if certain provisions are too prescriptive to establish need for renewed promotion or revision of the instruments concerned

26. 26 Art. 19 Reports : Topics 2002 - Protection of Wages C., 1949 (No. 95) 2003 - Employment Policy C., 1964 (No. 122) & R. 122, 169 & 189 (Job Creation in SMEs) 2004 - Hours of Work (Industry) C., 1919 (No. 1) & the Hours of Work (Commerce and Offices) C., 1930 (No. 30) 2005 – Labour Inspection C., 1947 (No. 81) & Labour Inspection C., 1969 (No. 129) 2006 – Forced Labour C., 1930 (No. 29) & Abolition of Forced Labour C., 1957 (No. 105) 2007 – Labour Clauses (Public Contracts), 1949 (No. 94) 2008 – Occupational Safety and Health C., 1981 (No. 155)

27. 27 Ratification Formal requirements: must clearly identify the Convention, be an original document, signed by a person with authority to engage the State, and clearly convey the intention to be bound Compulsory declaration to be included for certain Conventions Optional declarations as to the use of permitted exclusions, exceptions or modifications Entry into force: one year after ratification is registered

28. 28 Reports - Ratified Conventions Based on article 22 of the Constitution Periodic reports: Two-yearly reports: 8 fundamental Conventions, 4 priority ones Five-yearly reports: other Conventions Exemption from reporting for certain outdated Conventions Must reach the Office between 1 June and 1 September

29. 29 Reports - Ratified Conventions First report due one year after the entry into force form approved by the Governing Body Copies of relevant laws and regulations Position on permitted exclusions, exceptions or Detailed report Must reply to all questions set out in the report Information on application in practice

30. 30 Reports - Ratified Conventions Subsequent reports Simplified: indicate minor changes, provides information on practical application Detailed: in reply to comments made by the CEACR – can be out of reporting cycle in case of failure to report or to reply to earlier comments (« footnote » of the CEACR or the Conference Committee)

31. 31 Representation (art 24 Const’n) Can be filed by national or international organizations of workers or employers examination by a tripartite committee (3 members), reporting to the Governing Body (GB) on the basis of written information representation reply, if any, of the Government

32. 32 Art. 24 Procedure (1)Office informs the Government and sends the representation to the GB (2)Officers of the GB report to the GB on fulfilment of conditions of receivability writing workers’ or employers’ organization reference to art. 24 ILO Constitution against an ILO member State... (and ex-member State)...that has ratified the Convention indication of violation of the Convention

33. 33 Art. 24 Procedure (3)tripartite Committee with GB members OR reference to the Committee on Freedom of Association (4)tripartite committee conducts private examination, and proposes to the GB conclusions and recommendations, but committee may hear complainant government may request to be heard direct contacts

34. 34 Art. 24 Procedure (5)GB considers the matter in private in the presence of the Government (6)GB decides on whether to publish the representation and the reply, if any, in the Official Bulletin GB can at any moment decide to have the representation further examined under the complaints procedure e.g. C. 111 - Germany (7)Office notifies the decisions of the GB to the Government and the complainant

35. 35 Complaint (art. 26 ILO Const’n) Can be filed by (1) another ratifying Member State (2) a delegate to the Conference, representing workers or employers (3) the Governing Body Examination by Commission of Inquiry members are appointed by the Governing Body in their personal capacity (not necessarily tripartite)

36. 36 Complaint (art. 26 ILO Const’n) basisCoI establishes its own procedure (evidence, hearing, local visits) result (a) report published with recommendations (R) (b) gov’t accepts (R) or government does not accept (R) within 3 months =International Court of Justice (c) gov’t does not comply with (R) =any “appropriate measures” proposed by GB

37. 37 Committee on Freedom of Association of GB Set up in 1951 originally to examine complaints for referral to Fact-Finding & Conciliation Committee but involved without consent of States it began examining the substance of cases composition : tripartite - 9 Governing Body members meeting : 3 reports a year

38. 38 Committee on Freedom of Association of GB examines documentary evidence from complaints and replies sometimes "direct contacts" scope of action

39. 39 CFA - Receivability which organizations ? national with direct interest international with consultative status (IOE, ICFTU, OATUU, WCL, WFTU, ETUC) international for directly affiliated NO RATIFICATION REQUIRED specific infringements, no purely political allegations no exhaustion of national procedures required not bound by national recognition of “unions” not bound by withdrawal of complaint

40. 40 CFA – Scope of Action no general conclusions no interpretation of Conventions no conviction of Governments or levelling of charges recommendations, to be approved by the Governing Body no call for further examination interim or definitive conclusions request to keep informed of progress on specific issues

41. 41 Involvement of Employers’ and Workers’ Organizations Constitutional obligation of the Gov’t to communicate copies of information and reports sent to the ILO to the most representative organizations (article 23, paragraph 2, of the ILO Constitution) Allows these organizations to transmit their own views, to the Government or to the ILO

42. 42 Involvement of Employers’ and Workers’ Organizations Under Convention No. 144, obligation to consult these organizations on: Replies to questionnaire and comments on proposed new instruments Submission of instruments to competent authorities Re-examination of unratified Conventions and Recommendations Reports on ratified Conventions (according to Recommendation No. 152, on reports on unratified Conventions and Recommendations as well) Proposals for denunciation of Conventions

43. 43 Involvement of Employers’ and Workers’ Organizations Any organization of employers or workers (not only the most representative ones) can make comments on the application of ratified Conventions At any time Whether they have been consulted on the Government’s report or not Without any formal requirements (just indicate the Convention dealt with), by a letter to the Director General of the ILO

44. 44 Involvement of Employers’ and Workers’ Organizations When organizations make comments on the application of ratified Conventions, these comments are Transmitted to the Government, which is asked to provide its own views Submitted to the CEACR Mentioned in the report and often reflected in the comments of the CEACR

45. 45 Part III The ILO Declaration on Fundamental Principles and Rights at Work (1998) & ILO Fundamental Human Rights Conventions

46. 46 Declaration : Politics ? Builds on Berlin, Marrakesh, Copenhagen and Singapore Reaffirms the constitutional value of ILO FPR in the context of the global economy Does not change international labour standards (ILS), but affirms the pivotal role of FPR in the promotion of ILS Establishes an official dialogue on FPR channel in the absence of ratification Mobilizes resources in support of FPR

47. 47 Declaration : economics ? “Economic growth is essential but not sufficient to ensure equity, social progress and the eradication of poverty” “In seeking to maintain the link between social progress and economic growth, the guarantee of fundamental principles and rights at work is of particular significance in that it enables the persons concerned to claim freely and on the basis of equality of opportunity their fair share of the wealth which they have helped to generate, and to achieve fully their human potential”

48. 48 Declaration and Constitution All ILO Member States have an obligation to respect, promote and realize the fundamental principles and rights. This obligation derives from the ILO Constitution, which countries accept when they join the Organization.

49. 49 The Declaration and Follow-up: Key Features Is promotional in nature Is NOT to be used for protectionist purposes, nor to question comparative advantage of countries (para. 5 of the Declaration) My Country Supports member States in their efforts to realize principles & rights

50. 50 4 Categories of Fundamental Principles and Rights at Work  Freedom of association and effective recognition of the right to collective bargaining  Elimination of all forms of forced or compulsory labour  Effective abolition of child labour  Elimination of discrimination in respect of employment and occupation

51. 51 Part IV ILO Fundamental Conventions

52. 52 Year No.Official TitleRatifications 1930 29Forced labour (172) 1948 87Freedom of Association and Protection of the Right to Organise (148) 1949 98Right to Organise and Collective Bargaining (158) 1951 100Equal Remuneration (164) 1957 105Abolition of Forced Labour (170) 1958 111Discrimination (Employment (166) & Occupation) 1973 138Minimum Age (150) 1999 182Worst Forms of Child Labour (165) As of 1 September 2007 / ILO:181 Member States

53. 53 298798100111105138182 Brunei Cambodia 19691999 2006 Indonesia 19501998195719581999 2000 Lao PDR 19642005 Malaysia 195719611997x 2000 Myanmar 1955 Philippines 20051953 19601953196019982000 Singapore 1965 2002x20052001 Thailand 19691999196920042001 Viet Nam 20071997 20032000

54. 54 298798100111105138182 China (1919 / 25) 1990200619992002 RoKorea (1991 / 22) 1997199819992001 Japan (1919 / 48) 193219651953196720002001 US (1934 / 14) 19911999 Canada (1919 / 30) 1972 196419592000

55. 55 Ratification FHR Conv. in AP Ratification of all 8 FHRC consistently well below world average, although > 50 % of ratifications since 1995 25 % child labour, starting 1997 Freedom of association & CB Conventions lag behind, in particular in terms of population (China, India, Viet Nam, Thailand, IR Iran, RoKorea…) Forced labour Conventions lag behind in transition economies

56. 56 Freedom of Association C. 87 E & W should be free to defend and further their interests through independent organizations to select the type of organization they think is appropriate to elect their representatives to join national / international federations not to see their organizations dissolved than by an independent judicial authority to have their organizations protected against an arbitrary application of law and order to organize the activities of their organizations (including going on strike)

57. 57 Collective bargaining C. 98 the law must protect workers against acts of anti-union discrimination by employers the law must protect workers against acts of interference by employers the Government must operate machinery to ensure that the law protecting workers against anti-union discrimination is complied with the Government must promote collective bargaining to determine terms and conditions of work

58. 58 Collective bargaining C. 98 States must promote voluntary collective bargaining between employers and workers as a means of regulating terms & conditions of employment through collective agreements Bargaining (« the market ») not legislating (« the Government ») is the proper way of determining price and contents of labour Collective bargaining must be preferred over individual bargaining if workers so want Further standards are laid down in the Collective Bargaining Convention (No. 154), 1981

59. 59 Forced Labour C. 29 Defined in C. 29, identical for C. 29 / C. 105 does not cover one specific situation, but a qualitative characteristic of potentially every working (or even non-working) relationship Contains three elements “all work or service … … which is exacted from any person under the menace of any penalty … … and for which the said person has not offered himself voluntarily”

60. 60 Is NOT Forced Labour (C. 29) compulsory military service for work of a purely military character minor communal services normal civic obligations prison labour : work or service exacted as a consequence of a conviction in a court of law (provided …) emergency

61. 61 No Forced Labour, never (C. 105) Forced labour for political “mainstreaming” Forced labour for purposes of economic development “as a means of labour discipline” “as a punishment for having participated in a strike” “as a means of racial, social, national or religious discrimination”

62. 62 Equal Remuneration C. 100 1. To bring member States to promote and to ensure equal remuneration for men and women workers for work of equal value 2. To promote acceptance that the contents of the job, and not the sex of the worker, is the correct basis for the calculation and payment of remuneration

63. 63 Equal Remuneration C. 100 C. 100 requires action & acknowledgement that indirect and direct discrimination does occur against women, that discrimination must be eliminated, and that the correction entails an analysis of pay systems and establishment of corrective mechanisms

64. 64 Equality at Work C. 111 States must declare & pursue a national policy designed to promote equality of opportunity & treatment in employment & occupation Promoting equality at work means promoting that people can fully develop their “human capital”, can allocate that capital where return is the highest, and that they effectively get that return without interference of criteria irrelevant to potential or performance (e.g. sex, religion …) Employment & occupation essentially means the sphere of economic activity access to vocational training access to credit access to employment or occupation conditions of employment remuneration for work of equal value career progression in accordance with experience, ability job security

65. 65 Equality at Work C. 111 C. 111 specifically requires national law to prohibit discrimination based on race, colour, sex, religion, political opinion, national extraction or social origin Discrimination is not any distinction, exclusion or preference based on inherent requirements of the job justifiable suspicion of activities threatening the security of the State (provided the suspect can defend him or herself) special measures of protection or assistance provided for in other Conventions “affirmative” measures for persons who, for reasons such as sex, age, disablement, family responsibilities or social or cultural status, are generally recognised to require special protection or assistance

66. 66 Minimum Age System C. 138 Commitment towards gradual, but total elimination of child labour Enactment & enforcement of a legal system of minimum ages from which onwards children may be admitted to work System must be harmonized with the end of compulsory schooling 3 benchmark minimum ages General Light Work Hazardous Work

67. 67 C. 138 – Minimum Ages General Minimum Age (Article 2) Light Work (Article 7) Hazardous Work (Article 3) Normally End of compulsory schooling (minimum 15) 13 18 (16 as an exception) Developing Countries 1412 18 (16 as an exception)

68. 68 Priority for Worst Forms C. 182 Give priority to the prohibition & elimination of the worst forms of child labour slave-like work (including trafficking) sexual exploitation illicit activities (e.g. drugs trafficking) hazardous work (to be determined) Action must include monitoring mechanisms (e.g. data collection) programmes of action time-bound measures in three categories prevention withdrawal rehabilitation special attention for girls & the vulnerable (e.g. ethnic minorities) international cooperation