THE INTERNATIONAL LABOUR ORGANIZATION WWW ILO ORG Modena

THE INTERNATIONAL LABOUR ORGANIZATION WWW. ILO. ORG Modena, 20 -22 february 2008 Michele Colucci info@colucci. eu - www. colucci. eu 1

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

WHY? n Preamble of the ILO CONSTITUTION (1919) n n n 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 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. 3

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". 4

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

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

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

Principle of Tripartism n n 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 decisionmaking. 8

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

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

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

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

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

ILS Forms n CONVENTIONS (187 as of today) n n n 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) n n n are not open to ratification; are not legally binding; provide guidelines on national policy and practice. 14

ILS CHARACTERISTICS Universality Flexibility Tripartism Realism 15

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

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SUBMISSION n 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) n Obligation to inform the Director-General on the measures taken to submit the instruments (art. 19 ILO Constitution) n Obligation to send copies of the information on submission to the most representative workers’ and employers’ organizations (art. 23 ILO Constitution) 18

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

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

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

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