The International Labour Standards (ILS) system

Transcription

1 The International Labour Standards (ILS) system 11 September 2017 Turin, Italy International Training Centre of the ILO 1

2 10 questions about the ILS system 1. Where do ILS come from? 2. What are the reasons for ILS? 3. What are ILS? 4. Which subjects do ILS cover? 5. What are the characteristics of ILS? 6. How are ILS elaborated and adopted? 7. What is ratification? 8. How are ILS supervised? 9. Where to find more info on ILS and their application? 10. How are ILS used? International Training Centre of the ILO 2

3 Where do ILS come from? International Labour Organization A UN specialized agency Has 187 member States With a tripartite structure bringing together governments, employers and workers in all decisions Aims at promoting social justice through its decent work agenda International Training Centre of the ILO 3

4 What are the reasons for ILS? Improve the living and working conditions of workers Consolidate social peace Equalize conditions for international competition Preamble to the ILO Constitution, International Training Centre of the ILO 4

5 What are ILS? 189 Conventions International treaties open to ratification by member States When ratified, legally binding If not ratified, can be a source of inspiration and interpretation 205 Recommendations Not open to ratification, not legally binding Give guidance as to policy, legislation and practice Can supplement Conventions or can be autonomous 6 Protocols Partial and optional revisions or amendments of earlier Conventions International Training Centre of the ILO 5

6 Fundamental Conventions Freedom of association and collective bargaining C87 Freedom of Association and Protection of the Right to Organise, 1948 C98 Right to Organise and Collective Bargaining, 1949 Forced labour C29 Forced Labour, 1930 C105 Abolition of Forced Labour, 1957 Elimination of child labour C138 Minimum Age, 1973 C182 Worst Forms of Child Labour, 1999 Equality of opportunity and treatment in employment and occupation C100 Equal Remuneration, 1951 C111 Discrimination (Employment and Occupation), International Training Centre of the ILO 6

7 FPRW Declaration, 1998 Affirms the fundamental nature of four categories of principles and rights at work Freedom of association and the effective recognition of the right to collective bargaining Elimination of all forms of forced labour Effective abolition of child labour Elimination of discrimination in respect of employment and occupation Commits member States to respect, promote and realize them, whether or not they have ratified the relevant fundamental Conventions International Training Centre of the ILO 7

8 Governance/Priority Conventions Tripartite consultation C144 Tripartite Consultation (International Labour Standards), 1976 Labour inspection C81 Labour Inspection, 1947 C129 Labour Inspection (Agriculture),1969 Employment policy C122 Employment Policy, International Training Centre of the ILO 8

9 What are the characteristics of ILS? Tripartite Are the fruit of a tripartite consensus Minimum standards Fix a minimum level of protection Universal Are set at the world level Flexible Take into account the needs of all member States International Training Centre of the ILO 9

10 Which subjects do ILS cover? 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 HIV/AIDS Seafarers Fishers Dockworkers Indigenous and tribal peoples Specific categories of workers International Training Centre of the ILO 10

11 How are ILS elaborated and adopted? Problem identified Item put on the agenda of the International Labour Conference, by the Governing Body Item discussed at the International Labour Conference Twice: double discussion Once: single discussion The International Labour Office compiles the reports for the discussions, using inputs from the constituents ILS are adopted with a 2/3 majority of delegates present at the International Labour Conference International Training Centre of the ILO 11

12 What is ratification? Is the formal commitment by a member State to be bound by the provisions of the Convention under international law Involves exposure to international control on the implementation of the Convention, in law and in practice Inadmissibility of reservations 8,094 ratifications as of today International Training Centre of the ILO 12

13 How are ILS supervised? Regular system Based on member States obligation to report on the application, in law and in practice, of each ratified Convention Special procedures Based on specific allegations of violation against a member State (complaint-based) International Training Centre of the ILO 13

14 Regular supervision: elements and bodies Features Examination of periodic reports from governments on the application, in law and in practice, of each ratified Convention (Art. 22 of ILO Constitution) Social partners may comment (Art. 23 of ILO Constitution) Reporting periodicity 3 years for fundamental and governance Conventions 5 years for the others Cycles can be altered! Bodies involved Committee of Experts on the Application of Conventions and Recommendations (CEACR): technical and independent Conference Committee on the Application of Standards (CAS): tripartite International Training Centre of the ILO 14

15 Regular supervision: main steps International Training Centre of the ILO 15

16 Special supervisory procedures Constitutional procedures: representations Art. 24 and complaints Art. 26 Of general application For ratified Conventions only Freedom of association procedures For infringements of freedom of association Regardless of ratification International Training Centre of the ILO 16

17 Special procedures: elements and bodies Representations Art. 24 By employers or workers organizations Examined by: Ad hoc Committee within the Governing Body Complaints Art. 26 By any member State that has ratified the Convention, one or more delegates to the International Labour Conference or the Governing Body Examined by: Commission of Inquiry Freedom of association complaints By governments, employers or workers organizations Examined by: Committee on Freedom of Association (CFA) International Training Centre of the ILO 17

18 Where to find more info on ILS? Rules of the game, A brief introduction to International Labour Standards, 2014 ed. Guide to International Labour Standards, 2014 ed. International Training Centre of the ILO 18

19 Where to find more info on ILS? Self guided module on ILS on ITCILO ecampus: en NORMLEX, database on ILS providing comprehensive country profiles with information on ratifications and ILS application, and incorporating national legislation on labour and social rights: International Training Centre of the ILO 19

20 ILS country profiles List of ratified Conventions Reporting schedule Comments (observations and direct requests) made by the Committee of Experts on the application of ratified Conventions Individual cases concerning the application of ratified Conventions discussed by the Committee on the Application of Standards Complaints procedures Representations art. 24 Complaints Art. 26 Freedom of association cases (active, in follow-up, closed) International Training Centre of the ILO 20

21 How are ILS used? Traditional use by governments As models and targets for labour law As guidelines for social policy Other types of use In CSR By tribunals and courts In public procurement In international framework agreements In trade agreements By other international organizations and NGOs By the media International Training Centre of the ILO 21

22 Any questions? International Training Centre of the ILO 22

23 THANK YOU! Maura Miraglio International Labour Standards, Rights at Work and Gender Equality Programme International Training Centre of the ILO 23