the international labour organization
DESCRIPTION
THE INTERNATIONAL LABOUR ORGANIZATION WWW.ILO.ORG. Modena, 20-22 february 2008 Michele Colucci [email protected] - www.colucci.eu. HISTORY. Created in 1919, as part of the Treaty of Versailles - PowerPoint PPT PresentationTRANSCRIPT
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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
[email protected]@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 !