1. INTRODUCTION TO THE INTERNATIONAL LABOUR STANDARDS (ILS) SYSTEM Trade Union Training on Occupational Safety, health and the Environment, with Special Attention to HIV/AIDS Turin, 5 July 2006

2. ISSUES DEALT WITH 1. Why are ILS needed? 2. What are ILS? 3. How are ILS created? 4. How are ILS enforced?

3. 1. WHY ARE ILS NEEDED?

4. REASONS FOR ILS  They can contribute to universal and lasting peace  They can help mitigate potentially adverse effects of international market competition  They can help the development process

5. 2. WHAT ARE ILS?

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

7. FORM OF ILS  are international treaties  when ratified, are legally binding  if not ratified, could represent legal objectives and influence national legislation  are technical or promotional  International labour Conventions  International labour Recommendations  are not open to ratification  are not legally binding  provide general or technical guidelines on national policy and practice

8.  Universality CHARACTERISTICS OF ILS  Flexibility  Realism  Adaptability  Tripartism

9.  C.87 Freedom of Association and Protection of the Right to Organise, 1948  C.98 Right to Organise and Collective Bargaining, 1949  C.29 Forced Labour, 1930  C.105 Abolition of Forced Labour, 1957  C.100 Equal Remuneration, 1951  C.111 Discrimination (Employment and Occupation), 1958  C.138 Minimum Age, 1973  C.182 Worst Forms of Child Labour, 1999 ILO FUNDAMENTAL CONVENTIONS

10. 3. HOW ARE ILS CREATED?

11. PROCEDURES FOR THE ADOPTION OF ILS  Single discussion procedure  Double discussion procedure  The terms «single» and «double» refer to how may times the issue is put on the agenda of the International Labour Conference

12. Governing Body Suggestions from gvts, workers, employers, ILO Office, UN Agencies, etc. Participation Governments Consultation Governments Tripartite Conference Committee FIRST DISCUSSION Consultation Participation Governments Tripartite Conference Committee SECOND DISCUSSION Consultation Conference Plenary ADOPTION Participation Governments Consultation ILO Office III Report ILO Office IV Report ILO Office II Report ILO Office I Report DOUBLE-DISCUSSION PROCEDURE

13. SUBMISSION OF ILS  Member States have an obligation to submit all newly adopted instruments to the competent national authorities (normally the legislature) in the 12 months or, exceptionally, 18 months following their adoption  The submission aims at promoting the implementation of ILO standards and, in the case of Conventions, to promote their ratification

14. MEMBER STATES OBLIGATIONS RELATING TO THE SUBMISSION  To inform the Director-General on the measures taken to submit the instruments  To send copies of the report to the representative organizations of employers and workers

15. RATIFICATIONRATIFICATION  Is the formal commitment by a member State to give effect, both in law and in practice, to the provisions of a Convention and to become subject to an international control on the application  Cannot involve reservations

16. 5. HOW ARE ILS ENFORCED?

17. ILO SUPERVISORY MECHANISMS  Regular system of supervision  involve the submission and examination of periodic reports on the application of ratified Conventions  Special systems of supervision  involve cases of specific allegations of violations against a member State

18. REGULAR SYSTEM OF SUPERVISION  Member States obligation to submit periodical reports on the measures taken to give effect to the provisions of a ratified Convention, both in law and in practice (Art. 22 of the ILO Constitution)  Member States obligation to send copies of the reports on ratified Conventions to the most representative workers’ and employers’ organizations (Art. 23, para. 2, of the ILO Constitution)

19.  Every 2 years for fundamental and priority Conventions  Every 5 years for other Conventions  C.87 Freedom of Association and Protection of the Right to Organise, 1948  C.98 Right to Organise and Collective Bargaining, 1949  C.29 Forced Labour, 1930  C.105 Abolition of Forced Labour, 1957  C.122 Employment Policy, 1964  C.144 Tripartite Consultation (International Labour Standards), 1976  C.100 Equal Remuneration, 1951  C.111 Discrimination (Employment and Occupation), 1958  C.138 Minimum Age, 1973  C.182 Worst Forms of Child Labour, 1999  C.81 Labour Inspection, 1947  C.129 Labour Inspection (Agriculture), 1969 PERIODICITY OF REPORTS

20.  Detailed reports CONTENT OF REPORTS  the first report after the ratification of the Convention (1 year after the entry into force)  if the CEACR or the Conference expressly ask for a detailed report  Simplified reports  when important changes occur in the application of the Convention  in all other cases

21.  Consists of 20 persons COMMITTEE OF EXPERTS ON THE APPLICATION OF CONVENTIONS AND RECOMMENDATIONS  with eminent qualifications in the legal field  appointed by the Governing Body upon proposal made by the Director-General  appointed for 3 year term, being renewable  independent, impartial and objectives

22.  Consists of well over 150 members CONFERENCE COMMITTEE ON THE APPLICATION OF STANDARDS  from the three groups of delegates and advisers  charged with the examination and discussion of the CEACR Report

23. REGULAR SUPERVISORY PROCESS (ART. 22) COMMITTEE OF EXPERTS THE APPLICATION OF CONVENTIONS AND RECOMMENDATIONS examines reports, comments and related information Direct requests sent to government and social partners in the country concerned TRIPARTITE CONFERENCE COMMITTEE ON THE APPLICATION STANDARDS examines the CEACR Report and discusses a selection of cases INTERNATIONAL LABOUR CONFERENCE discusses and adopts the Committee’s Report in plenary Government reports 1st June – 1st September June November & December Observations published in its Report Social partners comments INTERNATIONAL LABOUR OFFICE March April

24. SPECIAL SYSTEMS OF SUPERVISION  Representations (Art. 24 of the ILO Constitution)  Complaints (Art. 26 of the ILO Constitution)  Freedom of association procedures  even if the Convention concerned has not been ratified  both require that the Convention concerned be ratified

25.  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 Convention  indicate in what respect the member has not ensured the effective observance of the Convention within its jurisdiction ART. 24 REPRESENTATIONS  Who can make a representation?  any national and international employers’ and workers’ organization

26. THE ART. 24 REPRESENTATIONS PROCEDURE AD HOCTRIPARTITE COMMITTEE AD HOC TRIPARTITE COMMITTEE asks the government for information and submits a report with findings and recommendations Representation by workers’ or employers’ organization COMMITTEE ON FOA if the representation involves FOA GOVERNING BODY decides on the receivability and appoints a Tripartite Committee INTERNATIONAL LABOUR OFFICE informs the government concerned and submits the representation to the GB Decides whether to publish the representation and any government reply Decision communicated to the organization and government concerned GOVERNING BODY examines the report and adopts it

27.  Who can file a complaint? ART. 26 COMPLAINTS  Any ratifying member State  The Governing Body ex officio  One or more delegates to the International Labour Conference

28. THE ART. 26 COMPLAINTS PROCEDURE International Labour Conference delegate Governing Body ex officio Any ratifying member State GOVERNING BODY may appoint a Commission of Inquiry COMMISSION OF INQUIRY investigates the complaint and prepares a report with findings and recommendations GOVERNING BODY notes the report If the government accepts the recommendations If the government does not accept the recommendations CEACR follows up on their implementation may appeal to theICJ for final decision GB GB may take action under art. 33 of the ILO Constitution

29. THANK YOU FOR YOUR ATTENTION! ILS/FPR Programme e-mail: normesturin@itcilo.org