HUMAN RIGHTS LAW. Ahmed T. Ghandour.

CHAPTER 8. ECONOMIC, SOCIAL AND CULTURAL RIGHTS.

II. ECONOMIC AND SOCIAL RIGHTS: THE ILO.

ABOUT THE ILO.  Only tripartite U.N. agency, since 1919 the ILO brings together governments, employers and workers representatives of 187 member States, to set labour standards, develop policies and devise programmes promoting decent work for all women and men.

ORIGINS AND HISTORY  The ILO was created in 1919, as part of the Treaty of Versailles that ended World War I, to reflect the belief that universal and lasting peace can be accomplished only if it is based on social justice.  The Constitution was drafted between January and April, 1919, by the Labour Commission set up by the Peace Conference, which first met in Paris and then in Versailles.  There was keen appreciation of the importance of social justice in securing peace, against a background of exploitation of workers in the industrialising nations of that time. There was also increasing understanding of the world's economic interdependence and the need for cooperation to obtain similarity of working conditions in countries competing for markets.  The second major advancement in the role of the organization was in 1944 with the adoption of the (DECLARATION OF PHILADELPHIA) which is concerning of the aims and purposes of the International Labour Organisation.  Then two years later it had incorporated within the ILO constitution.

ILO. FUNCTIONS.  The functions of the ILO include the development and promotion of standards for national legislation to protect and improve working conditions and standards of living.  The ILO also provides technical assistance in social policy and administration and in workforce training; fosters cooperative organisations and rural industries; compiles labour statistics and conducts research on the social problems of international competition, unemployment and underemployment, labour and industrial relations, and technological change (including mechanisation); and helps to protect the rights of international migrants and organized labour.

 In its first decade the ILO was primarily concerned with legislative and research efforts, with defining and promoting proper minimum standards of labour legislation for adoption by member states, and with arranging for collaboration among workers, employers, government delegates, and ILO professional staff. During the worldwide economic depression of the 1930s the ILO sought ways to combat widespread unemployment. With the postwar breakup of the European colonial empires and the expansion of ILO membership to include poorer and less developed countries, the ILO addressed itself to new issues, including the social problems created by the liberalization of international trade, the problem of child labour, and the relationship between working conditions and the environment.  Among intergovernmental organizations the ILO is unique in that its approximately 175 member states are represented not only by delegates of their governments but also by delegates of those states’ employers and workers, especially trade unions. National representatives meet annually at the International Labour Conference. The ILO’s executive authority is vested in a 56-member Governing Body, which is elected by the Conference. The International Labour Office in Geneva, Switzerland, composed of the permanent Secretariat and professional staff, handles day-to-day operations under the supervision of an appointed director general. The ILO has international civil servants and technical-assistance experts working in countries throughout the world. Among the ILO’s many publications are the International Labour Review and the Year Book of Labour Statistics.

HOW THE ILO WORKS?

TRIPARTISM AND SOCIAL DIALOGUE.  Underlying the ILO’s work is the importance of cooperation between governments and employers’ and workers’ organizations in fostering social and economic progress.  The ILO aims to ensure that it serves the needs of working women and men by bringing together governments, employers and workers to set labour standards, develop policies and devise programmes. The very structure of the ILO, where workers and employers together have an equal voice with governments in its deliberations, shows social dialogue in action. It ensures that the views of the social partners are closely reflected in ILO labour standards, policies and programmes.  The ILO encourages this tripartism within its constituents - employers, workers and member States, by promoting a social dialogue between trade unions and employers in formulating, and where appropriate, implementing national policy on social, economic, and many other issues.

MAIN BODIES.  The ILO accomplishes its work through three main bodies which comprise governments', employers' and workers' representatives:  the International labour Conference sets the International labour standards and the broad policies of the ILO. It meets annually in Geneva. Often called an international parliament of labour, the Conference is also a forum for discussion of key social and labour questions.  the Governing body is the executive council of the ILO. It meets three times a year in Geneva. It takes decisions on ILO policy and establishes the programme and the budget, which it then submits to the Conference for adoption.  the International Labour Office is the permanent secretariat of the International Labour Organization. It is the focal point for International Labour Organization's overall activities, which it prepares under the scrutiny of the Governing Body and under the leadership of the Director-General.  The work of the Governing Body and of the Office is aided by tripartite committees covering major industries. It is also supported by committees of experts on such matters as vocational training, management development, occupational safety and health, industrial relations, workers’ education, and special problems of women and young workers.  Regional meetings of the ILO member States are held periodically to examine matters of special interest to the regions concerned.

STANDARDS SUPERVISORY SYSTEM  International labour standards are backed by a supervisory system that helps to ensure that countries implement the conventions they ratify. International labour standards are backed by a supervisory system that is unique at the international level and that helps to ensure that countries implement the conventions they ratify. The ILO regularly examines the application of standards in member states and points out areas where they could be better applied. If there are any problems in the application of standards, the ILO seeks to assist countries through social dialogue and technical assistance.  The ILO has developed various means of supervising the application of Conventions and Recommendations in law and practice following their adoption by the International Labour Conference and their ratification by States.

ILO SUPERVISORY SYSTEM.  International labour standards are backed by a supervisory system that is unique at the international level and that helps to ensure that countries implement the conventions they ratify. The ILO regularly examines the application of standards in member states and points out areas where they could be better applied. If there are any problems in the application of standards, the ILO seeks to assist countries through social dialogue and technical assistance.  The ILO has developed various means of supervising the application of Conventions and Recommendations in law and practice following their adoption by the International Labour Conference and their ratification by States. There are two kinds of supervisory mechanism:  The regular system of supervision: examination of periodic reports submitted by Member States on the measures they have taken to implement the provisions of the ratified Conventions  Special procedures: a representations procedure and a complaints procedure of general application, together with a special procedure for freedom of association

THE REGULAR SYSTEM FOR SUPERVISING THE APPLICATION OF STANDARDS.  The regular system of supervision is based on the examination by two ILO bodies of reports on the application in law and practice sent by member States and on observations in this regard sent by workers’ organizations and employers’ organizations.  The Committee of Experts on the Application of Conventions and Recommendations  The International Labour Conference’s Tripartite Committee on the Application of Conventions and Recommendations.

SPECIAL PROCEDURES.  Unlike the regular system of supervision, the three procedures listed below are based on the submission of a representation or a complaint:  Procedure for representations on the application of ratified Conventions.  Procedure for complaints over the application of ratified Conventions.  Special procedure for complaints regarding freedom of association through the Freedom of Association Committee.

GENERAL SURVEYS.  International labour standards are universal instruments adopted by the international community and reflecting common values and principles on work-related issues. While member States can choose whether or not to ratify any conventions, the ILO considers it important to keep track of developments in all countries, whether or not they have ratified them. Under article 19 of the ILO Constitution, member States are required to report at regular intervals on measures they have taken to give effect to any provision of certain conventions or recommendations, and to indicate any obstacles which have prevented or delayed the ratification of a particular convention.  The Committee of Experts publishes an in-depth annual General Survey on member States' national law and practice, on a subject chosen by the Governing Body. These surveys are established mainly on the basis of reports received from member states and information transmitted by employers' and workers' organizations. They allow the Committee of Experts to examine the impact of conventions and recommendations, to analyse the difficulties indicated by governments as impeding their application, and to identify means of overcoming these obstacles.

TECHNICAL ASSISTANCE AND TRAINING.  The ILO also provides assistance drafting national legislation and help countries address problems in legislation and practice in compliance with international labour standards.

RELEVANT CONSTITUTIONAL PROVISIONS.  Article 22 of the ILO Constitution: Obligation to report on ratified Conventions  "Each of the Members agrees to make an annual report to the International Labour Office on the measures which it has taken to give effect to the provisions of Conventions to which it is a party. These reports shall be made in such form and shall contain such particulars as the Governing Body may request."  Article 19 (5e): Obligation to report on unratified Conventions  "If the Member does not obtain the consent of the authority or authorities within whose competence the matter lies, no further obligation shall rest upon the Member except that it shall report to the Director-General of the International Labour Office, at appropriate intervals as requested by the Governing Body, the position of its law and practice in regard to the matters dealt with in the Convention, showing the extent to which effect has been given, or is proposed to be given, to any of the provisions of the Convention by legislation, administrative action, collective agreement or otherwise and stating the difficulties which prevent or delay the ratification of such Convention."

 Article 19 (6d): Obligation to report on Recommendations  "Apart from bringing the Recommendation before the said competent authority or authorities, no further obligation shall rest upon the Members, except that they shall report to the Director- General of the International Labour Office, at appropriate intervals as requested by the Governing Body, the position of the law and practice in their country in regard to the matters dealt with in the Recommendation, showing the extent to which effect has been given or is proposed to be given, to the provisions of the Recommendation and such modifications of these provisions as it has been found or may be found necessary to make in adopting or applying them."  Article 23: Ratified Conventions, unratified Conventions and Recommendations  "The Director-General shall lay before the next meeting of the Conference a summary of the information and reports communicated to him by Members in pursuance of articles 19 and 22."  "Each Member shall communicate to the representative organizations […] copies of the information and reports communicated to the Director-General in pursuance of articles 19 and 22."