1 THE INTERNATIONAL LABOUR ORGANIZATION Modena, february 2008 Michele Colucci

2 HISTORY Created in 1919, as part of the Treaty of Versailles Created in 1919, as part of the Treaty of Versailles Commission of International Labour Legislation (9 countries): Belgium, Cuba, Czechoslovakia, France, Italy, Japan, Poland, the United Kingdom and the United States. Commission of International Labour Legislation (9 countries): Belgium, Cuba, Czechoslovakia, France, Italy, Japan, Poland, the United Kingdom and the United States.

3 WHY? Preamble of the ILO CONSTITUTION (1919) Preamble of the ILO CONSTITUTION (1919) lasting universal peace can be established only if it is based upon social justice lasting universal peace can be established only if it is based upon social justice (it was) urgent to improve the working conditions of large numbers of people, as injustice, hardship and privation produced such unrest that the peace and harmony of the world were imperilled (it was) urgent to improve the working conditions of large numbers of people, as injustice, hardship and privation produced such unrest that the peace and harmony of the world were imperilled The failure of any nation to adopt humane conditions of labour is an obstacle in the way of other nations which desire to improve the conditions in their own countries. The failure of any nation to adopt humane conditions of labour is an obstacle in the way of other nations which desire to improve the conditions in their own countries.

4 DECLARATION OF PHILADELPHIA (1944) All human beings, irrespective of race, creed or sex, have the right to pursue both their material well-being and their spiritual development in conditions of freedom and dignity, of economic security and equal opportunity". All human beings, irrespective of race, creed or sex, have the right to pursue both their material well-being and their spiritual development in conditions of freedom and dignity, of economic security and equal opportunity".

5 What is the ILO? An Intergovernmental body An Intergovernmental body Is is a specialised agency associated to the UN Is is a specialised agency associated to the UN Up to 1945: all UN members were also ILO Members automatically Up to 1945: all UN members were also ILO Members automatically After 1945: UN members must to accept ILO constitution After 1945: UN members must to accept ILO constitution Not UN member must to be accepted by qualified majority of the ILO Conference Not UN member must to be accepted by qualified majority of the ILO Conference

6 WHAT IS NOT? IT IS NOT A SUPRANATIONAL ENTITY IT IS NOT A SUPRANATIONAL ENTITY It may not impose obligations on Member States... It may not impose obligations on Member States......unless they have voluntarely agreed to them!...unless they have voluntarely agreed to them!

7 The Only Tripartite Specialized Agency 181 Members 181 Members All decisions on tripartite basis All decisions on tripartite basis Each country represented by Each country represented by Government representatives Government representatives Most representative organization of workers Most representative organization of workers Most representative organization of employers Most representative organization of employers

8 Principle of Tripartism Active interaction among the governments, workers and employers as representative, equal and independent social partners. Representatives of workers and employers to participate on an equal footing with those of governments in all discussions and decision- making.

9 ILO Structure International Labour Conference International Labour Conference Governing Body Governing Body International Labour Office International Labour Office

10 INTERNATIONAL LABOUR CONFERENCE STRUCTURE STRUCTURE Annual – over 4,000 delegates Each country represented by 2 Govt, 1 Workers, 1 Employers (A RIGHT PROPORTION?) FUNCTIONS FUNCTIONS Adoption of International standards Supervision of the application of ratified conventions Examination of the report of the Director General

11 GOVERNING BODY STRUCTURE STRUCTURE 56 members: 28 Govts (10 permanent), 14 Workers, 14 Employers ( PROBLEM OF REPRESENTATIVITY) FUNCTIONS FUNCTIONS Set the agenda of the ILC Select the Director General of the ILO Draw up the programme and the budget of the Organization

12 INTERNATIONAL LABOUR OFFICE Structure Structure Permanent Secretariat of the Organization Permanent Secretariat of the Organization More than 1000 independentofficials (100 countries) More than 1000 independentofficials (100 countries) Functions Functions To Collect and disseminate information on Labour To Collect and disseminate information on Labour To carry out studies To carry out studies To execute technical co-operation To execute technical co-operation To publish studies and reviews To publish studies and reviews To provide secretariat for meetings To provide secretariat for meetings

13 MEANS OF ACTION SETTING OF LABOUR STANDARDS SETTING OF LABOUR STANDARDS Conventions, Recommandations, but also resolutions, and guidelines Conventions, Recommandations, but also resolutions, and guidelines TECHNICAL CO-OPERATION TECHNICAL CO-OPERATION To lend organizational and financial support to developing countries To lend organizational and financial support to developing countries RESEARCH AND DISSEMINATION OF INFORMATION RESEARCH AND DISSEMINATION OF INFORMATION

14 ILS Forms CONVENTIONS (187 as of today) CONVENTIONS (187 as of today) are international treaties; when ratified, are legally binding; if not ratified, could represent legal objectives and influence national legislation; are technical or promotional. RECOMMENDATIONS (195 as of today) are not open to ratification; are not legally binding; provide guidelines on national policy and practice.

15 ILS CHARACTERISTICS UniversalityFlexibilityTripartismRealism

16 CORE LABOUR STANDARDS Freedom of association and the effective recognition of the right to collective bargaining Freedom of association and the effective recognition of the right to collective bargaining Elimination of all forms of forced or compulsory labour Elimination of all forms of forced or compulsory labour Effective abolition of child labour Effective abolition of child labour Elimination of discrimination in respect of employment and occupation. Elimination of discrimination in respect of employment and occupation. (Declaration of Fundamental Principles and Rights, 1998)

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18 SUBMISSION Obligation to submit all Conventions and Recommendations to the competent national authorities, in the 12 months or, exceptionally, 18 months following the adoption (art. 19 ILO Constitution) Obligation to inform the Director-General on the measures taken to submit the instruments (art. 19 ILO Constitution) Obligation to send copies of the information on submission to the most representative workers and employers organizations (art. 23 ILO Constitution)

19 RATIFICATION Formal commitment by a member State to be bound by the provisions of a Convention under international law Political decision, cannot involve reservations Consequences: implementation of the Convention, both in law and in practice exposure to supervisory mechanisms

20 Core Labour Standards Widely Ratified 123 countries ratified all 8 CLS, 19 have ratified 7, etc. (November 2006) 123 countries ratified all 8 CLS, 19 have ratified 7, etc. (November 2006) Some 7,600 ratifications in all Some 7,600 ratifications in all Ongoing ratification campaign: letters, Conference discussions, assistance Ongoing ratification campaign: letters, Conference discussions, assistance

21 International Labour Standards as Models and targets for labour law Models and targets for labour law Sources of International law applied at the national level Sources of International law applied at the national level Guidelines for social policy Guidelines for social policy Other areas of influence Other areas of influence

22 Keeping in mind that... LABOUR IS NOT A COMMODITY !