1. MELANIE JEANROY & VICTOR HUGO RICCO
Introduction to the ILO, ILS and the supervisory mechanisms: Influence on national labour law
INTER-REGIONAL COURSE: TRADE UNION
STRATEGIES ON THE USE OF ILS IN
LABOUR LAW REFORMS
TURIN, JULY 2016
MELANIE JEANROY & VICTOR HUGO RICCO
ACTRAV

2. Objectives of the presentation
Provide a brief overview of the ILO, its origin, structure and functions
Describe international labour standards and the supervisory mechanisms and how they impact on national legislation

3. Part 1 - Introduction to the ILO
QUIZZ:
When was the ILO created? Is the ILO part of the UN system?
What was the purpose of the creation of the ILO?
Which characteristic makes it so unique?
How many members States does the ILO have?
What are the main bodies on the ILO?
Who is the ILO Director General?

4. ILO past to present:

5. ILO today Only surviving major creation of the League of Nations
First specialised UN agency in 1946
Nobel Prize in 1969
187 member States
Director General: Guy Ryder (since 2012)
3 main bodies
Unique tripartite structure

10. The ILO has four strategic objectives
Promote and realize standards and fundamental principles and rights at work .
Create greater opportunities for women and men to decent employment and income.
Enhance the coverage and effectiveness of social protection for all.
Strengthen tripartism and social dialogue .

11. Part 2- ILO standard setting system
Adoption of International Labour Standards
Supervision of their application

12. QUIZZ:
How would you explain what is an International Labour Standard? Which are the different types of ILS?
How many ILO conventions exist today?
Which was the latest convention adopted?
Which are the topics covered by the ILO fundamental conventions?

13. International Labour Standards:
CONVENTIONS:
International treaties open to ratification by Member States.
When ratified, are legally binding.
If not ratified, source of inspiration for domestic law.
Total:189
RECOMMENDATIONS:
Not open to ratification; not legally binding.
Can complement Conventions or be adopted alone.
Provide guidelines for national policy and action.
Total: 204.
PROTOCOLS:
They need to be ratified.
They relate to a specific convention
Total so far: 6.

14. Subjects covered by ILS
Freedom of association, collective bargaining and industrial relations
Forced labour
Elimination of child labour and protection of children and young persons
Equality of opportunity and treatment
Tripartite consultation
Labour administration and inspection
Employment policy and promotion
Vocational guidance and training
Employment security
Social policy
Wages
Working time
Occupational safety and health
Social security
Maternity protection
Migrant workers
Domestic workers
Seafarers
Fishers
Dockworkers
Indigenous and tribal peoples
Other categories of workers

15. Fundamental
Governance or Priority
C029 - Forced Labour Convention, 1930
C081 - Labour Inspection Convention, 1947
C087 - Freedom of Association and Protection of the Right to Organise Convention, 1948
C122 - Employment Policy Convention, 1964
C098 - Right to Organise and Collective
Bargaining Convention, 1949
C129 - Labour Inspection (Agriculture) Convention, 1969
C100 - Equal Remuneration Convention, 1951
C144 - Tripartite Consultation (International Labour Standards) Convention, 1976
C105 - Abolition of Forced Labour Convention, 1957
C111 - Discrimination (Employment and Occupation) Convention, 1958
C138 - Minimum Age Convention, 1973
C182 - Worst Forms of Child Labour Convention, 1999

16. Characteristics of ILS
TRIPARTISM: The 3 constituents work together on an equal footing for the adoption of the ILS.
MINIMUM PROTECTION: The ILO ILS fixes a minimum level of protection.
UNIVERSALITY: The standards are set at the world level.
FLEXIBILITY: The ILO takes into account the needs of all ILO member States in the process of adopting the standards.

17. Adoption of ILS Problem identified 
Item put on the ILC Agenda (by GB)
Item discussed at the ILC
- twice: DOUBLE DISCUSSION
- once: SINGLE DISCUSSION
Instrument adopted with a 2/3 majority of delegates present at the ILC
- Office prepares reports
- Workers, employers and governments
provide inputs and discuss

18. ADOPTION OF ILS: DOUBLE DISCUSSION PROCEDURE
Suggestions from governments, workers, employers, the ILOffice, UN Agencies, etc...
Governing Body
Participation
I Office Report (White)
Governments
Consultation. Trade Unions can participate too.
II Office Report (Yellow)
Governments
Consultation
Tripartite Committee of the ILC FIRST DISCUSSION (First year)
Participation
III Office Report (Brown)
Consultation Trade Unions can participate too
Governments
IV Office Report (Blue)
Governments
Consultation
Tripartite Committee of the ILC SECOND DISCUSSION (Second year)
Participation
Conference Plenary Session.
ADOPTION
Participation

19. Submission of ILS
A Constitutional obligation of member States to bring all newly adopted ILS to the attention of national authorities with power to legislate
Timeframe: within 12 or, exceptionally, 18 months following adoption
AIM:
Bring to the knowledge of the public the newly adopted instument and
promote measures at the domestic level for the implementation of those instruments (ie through enactment of legislation) and In the case of of a convention, promote its ratification.

20. Ratification of Conventions
By ratifying a Convention an ILO member state commits to:
give effect, both in law and in practice, to the provisions of a Convention and
accept international supervision

21. Function of the ILO Supervisory Mechanisms
Supervise the application of ILO Member States obligations stemming from ILS
In so doing, clarify the meaning and scope of ILS provisions
Through their action, a body of “case law” has been progressively built up

22. What are the ILO Supervisory Mechanism?

23. ILS regular supervisory process
Governments submit
reports
Social partners may
comment
1st June – 1st September
INTERNATIONAL LABOUR OFFICE
November
&
December
COMMITTEE OF EXPERTS ON THE APPLICATION OF
CONVENTIONS AND RECOMMENDATIONS
Examines reports, comments and related in formation
Direct requests
sent to the government and available online
for the social partners
February
Observations
published in the CEACR’s Report
March
TRIPARTITE CONFERENCE COMMITTEE ON THE APPLICATION STANDARDS
Examines the CEACR’s report and discuss a selection of cases
Presentation of the Report to the
INTERNATIONAL LABOUR CONFERENCE
and adoption in plenary
June

24. The Committee of Experts on the application of Conventions and Recommendations (CEACR)
Consists of 20 eminent jurists from different geographic regions, legal systems and cultures
Appointed by the Governing Body upon proposal made by the Director-general
Appointed for renewable 3 year term
Independent, impartial and objective
Elaborates a yearly report.
Briefly mentions also GS (art 19)

25. Examination on the application of ratified conventions
Constitutional obligation (art 22)
Examines Government reports and comments from social partners on implementation in law and practice
Reporting cycle :
3 years for the 8 Fundamental and the 4 Governance Conventions (since 2012)
5 years for the technical conventions.
Makes 2 types of comments
Observations
Direct requests

26. The Conference Committee on the Application of Standards (CAS)
Consists of well over 150 members
From the three groups of delegates and advisers
Charged with examination of the Committee of Experts’ Report and discussion of selected cases (24)
Permanent tripartite Committee of ILC
Follow-on work from the Committee of Experts General Report and General Survey
Discuss over 24 individual countries that face allegations of breaches to ILO Conventions identified by Committee of Experts and selected by the Employers and Workers Groups and adopts conclusions.
CAS report adopted by the ILC in plenary

28. Special systems of supervision
REPRESENTATIONS (ART. 24) & COMPLAINTS (ART. 26)
Require the allegation of the violation of a ratified Convention.
FREEDOM OF ASSOCIATION
Require the allegation of the violation of the principle on Freedom of Association regardless of ratification of related conventions.

29. Article 24 Representations
Who can make a representation?
Any employers’ or workers’ organization
In order to be receivable, the representation must:
Be in writing
Emanate from an industrial organization of workers or employers
Specifically refer to Article 24 of the ILO Constitution
Concern a member of the ILO
Refer to a ratified Conventions
Indicate to what respect the member has not ensured the effective observance of the Convention within its jurisdiction

30. The representation procedure (Art. 24)
Workers’ or
employers’
organization
INTERNATIONAL LABOUR OFFICE
COMMITTEE ON FOA
if the representation
involves FOA
GOVERNING BODY
decides on the receivability
AD HOC TRIPARTITE COMMITTEE
report with findings and recommendations
Decides whether to publish
the representation and any
government reply
GOVERNING BODY
examines the report and adopts it
Decision communicated to the organization and government concerned

31. Article 26 Complaints Who can file a complaint?
Any ratifying member State
The Governing Body ex officio
One or more delegate to the Conference (government, employer or worker delegate)
The complaint procedure is governed by articles 26 to 34 of the ILO Constitution. Under these provisions, a complaint may be filed against a member state for not complying with a ratified convention by another member state which ratified the same convention, a delegate to the International Labour Conference or the Governing Body in its own capacity. Upon receipt of a complaint, the Governing Body may form a Commission of Inquiry, consisting of three independent members, which is responsible for carrying out a full investigation of the complaint, ascertaining all the facts of the case and making recommendations on measures to be taken to address the problems raised by the complaint. A Commission of Inquiry is the ILO's highest-level investigative procedure; it is generally set up when a member state is accused of committing persistent and serious violations and has repeatedly refused to address them. To date, 11 Commissions of Inquiry have been established.
When a country refuses to fulfil the recommendations of a Commission of Inquiry, the Governing Body can take action under article 33 of the ILO Constitution. This provision states that "[i]n the event of any Member failing to carry out within the time specified the recommendations, if any, contained in the report of the Commission of Inquiry, or in the decision of the International Court of Justice, as the case may be, the Governing Body may recommend to the Conference such action as it may deem wise and expedient to secure compliance therewith." Article 33 was invoked for the first time in ILO history in 2000, when the Governing Body asked the International Labour Conference to take measures to lead Myanmar to end the use of forced labour. An article 26 complaint had been filed against Myanmar in 1996 for violations of the Forced Labour Convention (No. 29), 1930, and the resulting Commission of Inquiry found "widespread and systematic use" of forced labour in the country.

32. The complaint procedure (Art. 26)
Ratifying Member State
Governing Body ex officio
International Labour
Conference delegate
GOVERNING BODY
COMMISSION OF INQUIRY
report with findings and recommendations
GOVERNING BODY
If the government accepts
the recommendations
If the government does not accept
the recommendations
CEACR
follows up on their implementation
may appeal to the
ICJ
for final decision
GB may take action
under art. 33 of ILO
Constitution

33. Committee on Freedom of Association

34. Committee on Freedom of Association
Created en 1951
Tripartite committee of the Governing Body, comprised of six representatives for each group
Meets three times a year (March, May and November)
FUNCTIONS
Ensures and promotes freedom of association among workers and employers
Examines complaints against governments for violations of freedom of association principles – RATIFICATION NOT REQUIRED

35. Committee on Freedom of Association CFA
CHARACTERISTICS
Legislative and factual examination even without ratification or consent of the government concerned
Not subject to the prior exhaustion of national remedies
Decisions taken unanimously
Written procedure, though direct contacts missions possible
Not bound by national judicial decisions
Examines complaints even without government reply
Digest (jurisprudence)

36. Complaints before the CFA
May emanate from:
National organization having direct interest in the matter
International organization having consultative status with ILO (ITUC, IOE)
International organization where allegations relate to matters directly affecting their affiliated organizations (e.g. IE, PSI)
A government
May emanate from exiled or dissolved organizations

37. The FOA procedure Governments, workers’ or employers’ organization
INTERNATIONAL LABOUR OFFICE
transmits the complaint to the government
concerned for observations
COMMITTEE ON FOA
reviews the complaint and
prepares a report with
conclusions and recommendations
Direct contacts mission may be initiated
GOVERNING BODY
approves the CFA’ report
Report communicated to
government concerned
for action and published
If the Convention is ratified
If the Convention is not ratified
The case may be referred to the CEACR
Follow-up by the CFA

38. Complaints presented before the Committee on Freedom of Association (1951-2015)

39. Influence on ILS and their supervision on national legislation
In the process for preparing ratification
As a direct consequence of ratification
Amendments as a consequence of a request from the ILO supervisory mechanism (regular or as a result of a complaint)
Legislative changes inspired by non-ratified ILO conventions and recommendations
Use of ILS by the domestic courts
During labour law reforms processes through ILO technical assistance (analysis of draft legislation and conformity with ILS)

40. MANY THANKS FOR YOUR KIND ATTENTION!
Mélanie Jeanroy
Victor Hugo Ricco