Pong-Sul Ahn ILO DWT, Bangkok ILO Declaration on Fundamental Principles and Rights at Work and its follow up Pong-Sul Ahn ILO DWT, Bangkok

International Labour Organization (ILO) Founded in 1919 United Nations Specialised Agency, constituted by governments, trade unions and employers organizations and dealing with on labour standards Consisting of 185 member States (Mongolia since 24 May 1968)

Its policy-and decision-making bodies - international Labour Conference (ILC) in every June in Geneva ILO Governing Body held in March, June and November each year International Labour Office as secretariat Social justice and decent Work is key policy direction Promoting ILS Promoting decent and productive employment Promoting social security Promoting social dialogue

ILO Instruments A total 396 adopted as of 2012 189 Conventions 202 recommendations 5 protocols P081 - Protocol of 1995 to the Labour Inspection Convention, 1947 P089 - Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948 P110 - Protocol of 1982 to the Plantations Convention, 1958 P147 - Protocol of 1996 to the Merchant Shipping (Minimum Standards) Convention, 1976 P155 - Protocol of 2002 to the Occupational Safety and Health Convention, 1981

Conventions How to adopt new ILO conventions: Two years of tripartite discussion at “Standard Setting Committee of ILC 2/3 of votes at International Labour Conference International treaties open for ratification – binding with legal obligation International labour standards – minimum standards on global labour Effective when two countries ratified within one year of its adoption

Total No. of ratifications registered since 1919

Fundamental and Governance Conventions C81 - Labour Inspection Convention, 1947 C122 - Employment Policy Convention, 1964 C129 - Labour Inspection (Agriculture) Convention, 1969 C144 - Tripartite Consultation (International Labour Standards) Convention, 1976

Ratifications of fundamental Conventions by region Total: 185 151 161 175 172 169 170 163 % of world population covered by ratification 74,6 75.2 45.9 49.6 94.4 91.3 70.3 81 Africa (54) 48 52 53 51 Americas (35) 33 32 34 35 30 Arab States (11) 3 6 11 7 10 Asia (34) 17 20 26 22 27 23 21 28 Europe (51) 50

Ratification status by Mongolia Conv. C87 C29 C105 C100 C111 C138 C182 Year 1969 2005 2002 2001 C81 C122 C129 C144 1976 1998

Background and history of adopting ILO Declaration on Fundamental Principles and Rights at Work Negative impacts of globalisation Poverty was not banished, social injustice remained, and inequality was rising Establishment of World Trade Organisation in 1994, generating vigorous debate on trade and labour standards In 1995, the United Nations World Summit on Social Development in Copenhagen agreed a set of commitment for human development and setting eight millennium development goals

Declaration on the Fundamental Principles and Rights at Work All ILO Member States have an obligation to respect, promote and realize the fundamental principles in four areas; These rights are universal, and that they apply to all people in all States, regardless of the level of economic development; ILO Member States that have not ratified one or more of the core Conventions are asked each year to report on the status of the relevant rights and principles, noting impediments to ratification, and areas where assistance may be required;

ILO Declaration on Fundamental Principles and Rights at Work Freedom of association and effective recognition of the right to collective bargaining (C.87 and C.98) Elimination of all forms of forced or compulsory labour (C.29 and C.105) Effective abolition of child labour (C.138 and C.182) Elimination of discrimination in respect of employment and occupation (C.100 and C.111)

C.87 on Freedom of Association, 1948 1. The tight to organise All workers except armed force and police No prior authorization by Government Choice of organization structure by own choosing Autonomous functioning Dissolution only by law Right to federate the law of the land – respect it and it should not damage the convention’s rights 2. The right to bargain collectively 3. The right to strike Substantial restrictions Essential services

Substantive restrictions mandatory minimum services are acceptable for (agreed) safety purposes for ensuring minimum operations of public services in the interest of proportionality between the rights of the (striking) minority and those of the majority

Essential public services which, if interrupted, endanger the life, personal safety and health of whole or part of the population Essential Service NOT Essential Service Telephone services Air traffic controllers Hospital sector Public utilities (water supply, gas, electricity) Fire-fighting services Public or private prison services Provision of food to pupils of school age and the cleaning of schools Petroleum refinery Banking Transport (including railways) Radio and television broadcasting

C.98 on effective recognition of the right to bargain collectively, 1949 Workers must be adequately protected against acts of anti-union discrimination Workers’ and employers’ organizations must be protected against acts of interference by each other State must establish machinery for the respect of these two rights promote voluntary collective bargaining to regulate terms and conditions of employment by means of collective agreements

Voluntary CB “all negotiations which take place between an employer, a group of employers or one or more employers' organizations, on the one hand, and one or more workers' organizations, on the other, for - determining working conditions and terms of employment; - regulating relations between employers and workers; - regulating relations between employers or their organizations and a workers' organization or workers' organizations

C.100 on Equal Remuneration Convention, 1950 Equal pay for work of equal value C.111 on Discrimination (Employment and Occupation) Convention, 1958 Equal Employment Opportunity at all stages of work cycle

Convention No. 138 General Exceptions for ILO Minimum Age Convention Requires a national policy for the effective abolition of child labour (Art. 1) Requires a specification of minimum age (Art. 2) General Exceptions for developing countries Basic Minimum Age (Art. 2) 15 years 14 years Hazardous work (Art. 3) 18 years NO EXCEPTION Light work (Art. 7) 13-15 years 12-14 years

ILO Convention No. 182 All sectors of economic activity Children in illicit activities All sectors of economic activity Children in hazardous work Girls and boys under 18 years Children in prostitution and pornography Special attention for most vulnerable like very young and girls Children in debt bondage and serfdom Including forced recruitment for use in armed conflict Worst forms of child labour as priority target groups

C.105 on Abolition of Forced Labour Convention, 1957 C.29 on Forced Labour Convention, 1930 Each Member of the International Labour Organisation which ratifies this Convention undertakes to suppress the use of forced or compulsory labour in all its forms within the shortest possible period (article 1:1). C.105 on Abolition of Forced Labour Convention, 1957 "Each Member of the International Labour Organisation which ratifies this Convention undertakes to suppress and not to make use of any form of forced or compulsory labour (article 1).

Declaration on the Fundamental Principles and Rights at Work Conventions are subject to ratification and has legal obligation the Declaration is not subject to ratification, nor does it give rise to any new legal obligations; Obligations are based on the ILO Constitution and are derived from Declaration of Philadelphia (1944), defining freedom of expression and of association are essential to sustained progress; «Labour is not a commodity”;

Three ways to help achieve the full realisation of the Declaration’s objective An annual review on reports submitted from countries which gives employers’ and workers’ organisations a chance to voice their views on progress made and actions taken; the Global Report which provides a dynamic global and regional trends on the issues relevant to the Declaration and serves to highlight those areas that require greater attention; Technical cooperation projects, which are designed to address identifiable needs in relation to the Declaration and to strengthen capacities of the tripartite constituents to change the policy and workplace environment.

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