the international labour organization

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THE THE INTERNATIONAL LABOUR INTERNATIONAL LABOUR

ORGANIZATIONORGANIZATION WWW.ILO.ORGWWW.ILO.ORG

Modena, 20-22 february 2008Modena, 20-22 february 2008Michele ColucciMichele Colucci

info@colucci.euinfo@colucci.eu - www.colucci.eu - www.colucci.eu

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HISTORYHISTORY

Created in 1919, as part of the Created in 1919, as part of the Treaty of Versailles Treaty of Versailles Commission of International Labour Commission of International Labour

Legislation (9 countries): Belgium, Legislation (9 countries): Belgium, Cuba, Czechoslovakia, France, Italy, Cuba, Czechoslovakia, France, Italy, Japan, Poland, the United Kingdom and Japan, Poland, the United Kingdom and the United States.the United States.

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WHY?WHY?

Preamble of the ILO CONSTITUTION (1919)Preamble of the ILO CONSTITUTION (1919) lasting universal peace can be established lasting universal peace can be established

only if it is based upon only if it is based upon social justicesocial justice (it was) urgent (it was) urgent to improve the working to improve the working

conditionsconditions of large numbers of people, as of large numbers of people, as injustice, hardship and privation produced injustice, hardship and privation produced such unrest that the peace and harmony of such unrest that the peace and harmony of the world were imperilledthe world were imperilled

The failure of any nation The failure of any nation to adopt humane to adopt humane conditions of labourconditions of labour is an obstacle in the way is an obstacle in the way of other nations which desire to improve the of other nations which desire to improve the conditions in their own countries.conditions in their own countries.

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DECLARATION OF PHILADELPHIA DECLARATION OF PHILADELPHIA (1944)(1944)

““All human beings, irrespective of All human beings, irrespective of race, creed or sex, have the right to race, creed or sex, have the right to pursue both their material well-pursue both their material well-being and their spiritual being and their spiritual development in conditions of development in conditions of freedom and dignityfreedom and dignity, of , of economic economic securitysecurity and and equal opportunityequal opportunity". ".

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What is the ILO?What is the ILO?

An Intergovernmental bodyAn Intergovernmental body Is is a specialised agency Is is a specialised agency

“associated” to the UN“associated” to the UN Up to 1945: all UN members were also Up to 1945: all UN members were also

ILO Members automaticallyILO Members automatically After 1945: UN members must to After 1945: UN members must to

accept ILO constitutionaccept ILO constitution Not UN member must to be accepted by Not UN member must to be accepted by

qualified majority of the ILO Conferencequalified majority of the ILO Conference

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WHAT IS NOT?WHAT IS NOT?

IT IS NOT A SUPRANATIONAL IT IS NOT A SUPRANATIONAL ENTITYENTITY It may not impose obligations on It may not impose obligations on

Member States...Member States... ...unless they have voluntarely agreed ...unless they have voluntarely agreed

to them!to them!

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The Only TripartiteThe Only TripartiteSpecialized AgencySpecialized Agency

181 Members181 Members All decisions on tripartite basisAll decisions on tripartite basis Each country represented by Each country represented by

Government representativesGovernment representatives Most representative organization of Most representative organization of

workersworkers Most representative organization of Most representative organization of

employersemployers

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Principle of TripartismPrinciple 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.

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ILO StructureILO Structure

International Labour ConferenceInternational Labour Conference Governing BodyGoverning Body International Labour OfficeInternational Labour Office

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INTERNATIONAL LABOUR INTERNATIONAL LABOUR CONFERENCECONFERENCE

STRUCTURESTRUCTURE

Annual – over 4,000 delegatesAnnual – over 4,000 delegates

Each country represented by 2 Govt, 1 Workers, 1 Each country represented by 2 Govt, 1 Workers, 1 Employers (Employers (A RIGHT PROPORTION?)A RIGHT PROPORTION?)

FUNCTIONSFUNCTIONS

Adoption of International standardsAdoption of International standards

Supervision of the application of ratified Supervision of the application of ratified conventionsconventions

Examination of the report of the Director GeneralExamination of the report of the Director General

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GOVERNING BODYGOVERNING BODY

STRUCTURESTRUCTURE

56 members: 56 members:

28 Govts (10 permanent), 14 Workers, 14 28 Govts (10 permanent), 14 Workers, 14 Employers (Employers (PROBLEM OF REPRESENTATIVITYPROBLEM OF REPRESENTATIVITY))

FUNCTIONS FUNCTIONS

Set the agenda of the ILCSet the agenda of the ILC

Select the Director General of the ILOSelect the Director General of the ILO

Draw up the programme and the budget of the Draw up the programme and the budget of the OrganizationOrganization

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INTERNATIONAL LABOUR INTERNATIONAL LABOUR OFFICEOFFICE

StructureStructure Permanent Secretariat of the Organization Permanent Secretariat of the Organization More than 1000 “independent”officials (100 More than 1000 “independent”officials (100

countries)countries) FunctionsFunctions

To Collect and disseminate information on To Collect and disseminate information on LabourLabour

To carry out studiesTo carry out studies To execute technical co-operationTo execute technical co-operation To publish studies and reviewsTo publish studies and reviews To provide secretariat for meetingsTo provide secretariat for meetings

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MEANS OF ACTIONMEANS OF ACTION

SETTING OF LABOUR STANDARDS SETTING OF LABOUR STANDARDS Conventions, Recommandations, but Conventions, Recommandations, but

also resolutions, and guidelinesalso resolutions, and guidelines TECHNICAL CO-OPERATIONTECHNICAL CO-OPERATION

To lend organizational and financial To lend organizational and financial support to developing countriessupport to developing countries

RESEARCH AND DISSEMINATION RESEARCH AND DISSEMINATION OF INFORMATIONOF INFORMATION

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ILS FormsILS 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.

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ILS CHARACTERISTICSILS CHARACTERISTICS

UniversalityUniversality

FlexibilityFlexibility

TripartismTripartism

RealismRealism

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CORE LABOUR CORE LABOUR STANDARDSSTANDARDS

Freedom of association and the Freedom of association and the effective recognition of the right to effective recognition of the right to collective bargainingcollective bargaining

Elimination of all forms of forced or Elimination of all forms of forced or compulsory labourcompulsory labour

Effective abolition of child labourEffective abolition of child labour Elimination of discrimination in Elimination of discrimination in

respect of employment and respect of employment and occupationoccupation..

((Declaration of Fundamental Principles and Rights, 1998)Declaration of Fundamental Principles and Rights, 1998)

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SUBMISSIONSUBMISSION 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)

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RATIFICATIONRATIFICATION

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

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Core Labour StandardsCore Labour StandardsWidely RatifiedWidely Ratified

123 countries ratified all 8 CLS, 19 123 countries ratified all 8 CLS, 19 have ratified 7, etc. (November 2006)have ratified 7, etc. (November 2006)

Some 7,600 ratifications in allSome 7,600 ratifications in all

Ongoing ratification campaign: letters, Ongoing ratification campaign: letters, Conference discussions, assistanceConference discussions, assistance

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International Labour International Labour StandardsStandards as as

Models and targets for labour lawModels and targets for labour law Sources of International law applied Sources of International law applied

at the national levelat the national level Guidelines for social policyGuidelines for social policy Other areas of influenceOther areas of influence

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Keeping in mind that...Keeping in mind that...

LABOURLABOUR

IS NOT A COMMODITY !IS NOT A COMMODITY !