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International Labour
OrganizationASHUTOSH PANDEY
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Born into Crisis
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Rooted in the Real Economy
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Responding Today
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Responding Today
Rooted in the Real EconomyBorn into Crisis
The International Labour Organization1919-2009
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Specialized agency of the UN
182 member States
40 field offices throughout
the world
Devoted to advancing
opportunities for women
and men to obtain decent
and productive work in
conditions of freedom,
equity, security and human
dignity
Placing employment at the
heart of development policy
The International Labour Organization
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The ILO: Reaching deep into the Real Economy
The only tripartite organization in the UN family.
Employers and workers representatives have an equal voice with that
of governments
Operates with practical, concrete and specific contributions
from its tripartite constituents Promote labour standards
Create greater opportunities for decent employment
Enhance coverage and effectiveness of social protection
Strengthen tripartism and
social dialogue to advance
these goals.
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The ILO: Experience Responding to Crisis
In its first year, the ILO adopted 6 conventions, including those
covering
Hours of Work
Unemployment Insurance
Maternity Protection
Minimum Age
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The ILO: Experience Responding to Crisis
In the 1930s, in the wake of global financial collapse, the ILO
worked to coordinate a global approach toward raising labour
standards and rebuilding employment.
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The ILO: Experience Responding to Crisis
At the end of Second World War, the ILO adopted the
Declaration of Philadelphia as nations looked to a future of
peace and security
Labour is not a commodity
Freedom of expression and association are essential to
sustained progress
Poverty anywhere constitutes a danger to prosperity
everywhere All human beings have the right to pursue
their material well being in conditions of
freedom and dignity, economic security
and equal opportunity
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The ILO: Experience Responding to Crisis
1950s 1970s
Creation and expansion of technical cooperation to help newly de-
colonized nations build sustainable economies
1980s 1990s
Response to end of Cold War, helping newly democratic countries
restore functioning labour markets
Response to Asian financial crisis
Declaration on Fundamental Principles and Rights at Work
2000s Decent Work Agenda responds to global poverty
World Commission on the Social Dimension of Globalization
Declaration on Social Justice for a Fair Globalization
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The ILOs Decent Work Agenda
Work is central to peoples well being
Creating decent work should be at the heart of development
policy
Make globalization more
inclusive and fair
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The ILOs Decent Work Agenda
Centered on the ILOs key strategic objectives
Employment
The principal route out of poverty is work
Rights
People in poverty needrepresentation, participation andvoice
Protection
Earning power is suppressed bymarginalization and lack of support
systems Dialogue
The only way to solveproblems peacefully
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Current world financial meltdown worst since the
Great Depression
World growth in 2009
will be lowest since the
Second World War
World trade expected to
contract by 2.8% in 2009 after
growing 7.8% annually over the past three
years
A World in Crisis
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The crisis is spreading
From largest industrialized nations to emerging economies toleast developed countries
Beyond the financial markets
Credit crunch
Waning consumer and business confidence International linkages
World trade
Commodity price drops
Fall off in FDI and privatecapital flows
Remittances falling for first time indecades
Drop in development assistance?
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Global unemployment in the formal sector could rise to 6.5%
this year
A total of 210 million people out of work
77 million workers in developing countries to
be pushed into poverty
Some hit especially hard
Women
Youth
Migrants
and affecting the real economy
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Case in Point:
Women and the Crisis
Number of unemployed women will rise by as much as 22
million in 2009
Women are often regarded as a flexible reserve, to be drawninto the labour market in upturns and expelled in downturns -
i.e. casual, temporary, contract, and home workers
Shrinking economies and reduced
social protection tend to hit
women and children harder
Women concentrated in export-oriented firms
that are exposed to global slowdown
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Its having far-reaching consequences
Risk of prolonged labour market recession
Job losers tend to lose skills and get discouraged after one year of
unsuccessful job search
Rise in informal employment and working poverty
Threats to social cohesion and stability, public support for
globalization, achievement of MDGs
Sense that innocent victims are hit,
largely because benefits from earlier
growth went mainly to high-incomegroups
A social crisis is at hand
P bl U l t d
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Problem: Unemployment and
informalisation are difficult to
reverse
0
5
10
1520
25
30
35
4045
50
1991 2001
Output
Job MarketRecovery
Duration of output
recovery and job
market recovery
after the 1991 and
2001 recessions in
the U.S. (in months)
Source: Irons, John (2009) 'How long would a job-market recovery take'? , Economic Policy Institute, January 7
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Vulnerable employment to increase by
113 million
Change, in millions, 2007 - 2009
0 5 10 15 20 25 30 35
Lat. Am. & Caribbean
Cent., SE Eur. & CIS
Middle East
North Africa
S.E. Asia & Pac.
Sub-Saharan Africa
South Asia
Source: ILO, 2009, Global Employment Trends
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Low Unemployment
Insurance coverage in many
economies
0 20 40 60 80 100
Germany
France
UK
Canada
U.S.
Japan
China
Brazil
Percentage
Share ofunemployed
workers NOT
receiving
unemployment
benefits
Source: IILS estimates based on national statistics. For Brazil,
recipiency rate is taken from Vroman and Brusentsev (2005),
Unemployment Compensation Throughout the World: A
Comparative Analysis, and applied to the level of
unemployment fromthe Dec. 2008 Labour Force Survey.
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The challenge to be met
Preventing the financial crisis from becominga long-lasting labour market and social crisis
Averting widespread, major
increases in unemployment Avoiding long-lasting
shift to informal work
Staving off large
increases in povertyamong the worldsworking poor
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Most have taken some action Much of focus is stabilizing financial markets and attempting to
restore liquidity
Many economic recovery packages are targeted at the real
economy to stimulate demand Cutting taxes and boosting government
spending
Targeting infrastructure development
Spending on education and health
Extension of unemployment benefits, hiringincentives, retraining and other actions targetedto help workers and employers weather thecrisis
What countries are
already doing
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Multilateral action
In April 2009, statement of the G20 London Summit of world
leaders:
Support those affected by the crisis by
creating employment opportunities and
through income support measures Support employment by stimulating growth, investing in
education and training, and through active labour
market policies, focusing on the most vulnerable
We call upon the ILO, working with other relevant
organisations, to assess the actions takenand those required for the future.
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But there are still many shortcomings
Action has been swift, but relatively unfocused
Financial rescue measures are generally far in excess of fiscaltools to stimulate demand
Impact has been limited to date
Lack of coordination among countries Little attention to development
assistance for poorer countries
Structural causes are not being
addressed Return to status quo (the crisis
before the crisis) would leave theworld vulnerable to future downturns
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Financial rescue efforts vs. fiscal
rescue efforts
0 10 20 30 40
U.S.
Germany
France
U.K.
Portugal
Spain
Percentage of GDP
Fiscal Rescue Efforts
Financial Rescue Efforts
Source: IILS, based on ILO, OECD & Bloomberg.
Case in Point:
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Case in Point:
Unemployment Insurance United States
2008 financial stimulus included extension of Unemployment Insurance benefits New administration indicates further extensions to come
Europe
Many countries expanding Unemployment Insurance duration, benefits andeligibility
OECD recommends strengthening safety net in
countries with short duration of UnemploymentInsurance benefits
China
Financial stimulus package expected toinclude income and employment supportto jobless families
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Canada: Economic recovery plan emphasizes training
$1 billion for job training delivered through unemployment insurance
programme
$500 million strategic training and transition fund available to all
individuals
$40 million for apprenticeship
programmes
Long-tenured worker programme toextend Unemployment Insurance
benefits while worker is being retrained
Case in Point:
Skills and Job Training
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The Crisis Before the Crisis Prior to the onset of the current meltdown
Global economy was not producing sufficient jobswhere people live
86 million young people wereunemployed
Existing framework ofdevelopment not working
for many people Globalization not delivering
for them
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Fate of developing countries hangs in
the balance
This is truly not the moment to let themdown and to say sorry, we have to fend
for ourselves One of the biggest
problems we have is an enormous lack of
coordination among all these stimulus
packages, and that can easily lead to
beggar-thy-neighbor policies, and we are
already seeing indications of that.
Juan Somavia, Director-General, ILO
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ILO Recommended Measures
Ensure flow of credit and stimulate demand
Extend social protection and retraining
Focus on the vulnerable
Support productive and sustainable enterprises
Small and medium-sized
businesses and cooperatives
Employment-intensive
investment
Green jobs Ensure restructuring of
enterprises and sectors is
socially sensitive
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ILO Recommended Measures
Ensure core labour standards are promoted and not
undermined or eroded
Strengthen social dialogue, tripartism, and ILO role in
multilateral system
Maintain and expand
development aid
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Case in Point: Social
Protection
Brasils Bolsa Familia: Federal cash transfer programmefocused on poor families
Serves 11 million poor families, with a monthly income up to
per capita (US$ 60.00) 2009 Budget: approx. US$ 5 billion - 0.4 % GDP
Conditioned on health monitoring for pregnant women and
infants, child school attendance
Integrated with programmes addressing child labour and forcedlabour
Studies show significant success in reduction of poverty and child
malnutrition, raising gender equity and economic activity
Studies also show programme does not create disincentive to work
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Case in Point:
Green Jobs
Renewable energy 20 million jobs by 2030
Germany boosted jobs in renewables from 160,000 to 260,000 in just
two years
China has 1,000 manufacturers of solar thermal panels employing
600,000 workers Recycling in China employs 10 million
workers
Columbias ethanol mandate is
expected to create 170,000 jobs
World Bank: Biofuelscould generate 1.1
million jobs in Africa
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Case in Point:
Employment Intensive Investment Productive and social infrastructure, protection of theproductive resource base
Roads, irrigation, construction and rehabilitation of schools and health
centres, forestation, soil and water conservation
3-5 times more direct jobs created Multiplier effect: 1.6 2.0
Foreign exchange: typically 50%
savings
Costs: typically 20% cheaper
Contribution to
increased GDP
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Case in Point:
Social Dialogues Value in Crisis Ireland Faced serious economic difficulties into the 1980s
1987 - Social partners and government
concluded first in series of tripartite
agreements on national recovery Country subsequently became
economic leader in Europe
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Case in Point:
Social Dialogues Value in Crisis Republic of Korea History of hostile relationship between unions and the state
Creation of Tripartite Commission to address 1997-98 Asian financial
crisis
Social Agreement of 1998 enabledlayoffs, expanded workers rights and gave
government flexibility to
act against crisis
Economic recovery followed soon
thereafter
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Needed: A Global
Jobs Pact
Address similar problems at the same time with a global
approach
Stimulus packages should be more employment oriented
Target small- and medium-sized enterprises
Responsible for most of new and existing jobs in most countries
Avoid wage deflation and pave the
way toward a more sustainableeconomy through greater emphasis
on
Social Protection
Workers Rights / Social Dialogue
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To restore credit
Condition government financial support on provision of credit for viable new
projects
Direct access to government loans for small- and medium-sized businesses
To ensure fiscal stimulus boosts economic activity
Target employment-intensive areas
Support to small- and medium-sized enterprises
Ensure workers have the skills to respond to
new requirements Promote rural and agricultural
dimensions critical in developing countries
How a Global Jobs Pact
would work
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How a Global Jobs Pact would work
To account for the lags in launching new infrastructureprojects Provide support to existing jobs through shorter working hours, partial
Unemployment Insurance benefits and training
Enhance social protection through well-designed programme and
make it broad-based
To strengthen the safety net for those who loseor cannot find jobs Unemployment Insurance benefits and
employment guarantees
Active labour market and training programmes
Specific attention to vulnerable groupswomen, youth, migrants
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Case in Point:
Small and Medium Enterprises More than 95% of OECD enterprises are classified as SMEs Account for up to 70% of the working population
Dynamism and flexibility
However, they are also among most vulnerable in crisis
Weaker financial structures and limited access to credit
Often dependent on global value chains
ILO has resources and provides policy advice aimed at
strengthening SME finance
Microfinance, mico-leasing, micro-insurance and mutual guaranteesystems
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Summing it up
Global economic crisis is deepening
Risk of prolonged labour market recession
Countries are acting but rescue packages thus far not
sufficient
Too much financial, not enough fiscal
Need more focus on creating decent work and protecting people
Too little coordination among nations
Not enough attention to development dimensions of the crisis
Social stability is at risk, particularly in developing countries
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Summing it up
Prescriptions for a more sustainable economy
Restore credit and ensure that banks lend to viable businesses
Target small and medium enterprises, the engines of job growth, in
credit restoration and infrastructure projects
Provide employment benefits and broad-based social protection tohelp workers and families weather the downturn
Use social dialogue and worker protections in countries to avoid wage
deflation
Motivate multilateral institutions to work cooperatively toward more
balanced globalization that promotes sustainability from economic,social and environmental viewpoints
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Looking Ahead
International Labour Conference, June 2009 Restructuring agenda to place emphasis on the crisis
Special Committee on the Crisis
Two-day Global Summit on Dealing with the Jobs Crisis
ILO Declaration on Social Justice for a Fair Globalization
Reaffirms commitment to open economies and open societies
Calls for a stronger action nationally and internationally
Achieve social cohesion
Combat poverty and rising inequality
This is our contribution to making sure that once the mess is cleared up, there will be
no room for the destructive behavior of financial actors to ruin peoples lives and thereal economy.
Juan Somavia, Director-General, ILO
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ILOSocial Justice and Tripartism:
Programme for Workers Activities (ACTRAV)
International Training Center of ILO
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Objectives of this Session
We will try to understand:
1. Fundamental Goal and Principle of ILO
2. Structure (Major Components) of ILO
3. Major Functions of ILO
4. Roles of ACTRAV (Bureau for Workers Activities)
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1. Fundamental Goal and Principle
of ILO
PREAMBLE
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Fundamental Goal of ILO
Standard
Setting TechnicalCo-operation
Better Working Conditions
Meetings - Information - Research - Expertise
SOCIAL JUSTICE
Tripartite
System
PREAMBLE
Universal
and lastingpeace can be
established
only if it isbased upon
social justice
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Tripartism: Fundamental Principle
Tripartism is :
The active interactions among thegovernment, workers and employers asrepresentative, equal and independent socialpartners.
To seek mutually agreeable solutions for issues of
common concerns.
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ILOEmployers Workers
Governments
Tripartism in Shape
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Tripartism: How it works?
Active Interaction in
order to seek joint
solutions
Partners must be willing
to reach, and respect,agreements
Partners must be
committed, competentand active
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Tripartism: Strength of ILO
The Tripartite System enables:
the representatives of workers and employers to
participate on an equal footing with those of
governments in all discussions and the process of
decision-makings.
ILO is the only UN agency which has
the tripartite system imbedded in its root.
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2. Structure of ILO
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Major Components of ILO Structure
International Labour Conference
Governing Body
International Labour Office
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International Labour Conference (1)
Main Tasks:1. Work out (in Committee) and adopt (in Plenary) international labour standards, and
supervise their application;
2. Elect Governing Body, and decide to admit a new Member
3. Freely discuss social and labour questions of importance to the entire world;
4. Pass resolutions which provide guidelines for the ILO's general policy and futureactivities.
5. Adopt every two years the ILO's biennial work programme and budget
- Meet every year in Geneva in June;- Each member State is represented by two G delegates, one E delegate and one Wdelegate, plus advisers.
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International Labour Conference (2)
Conference Committees1. Selection Committee (28G, 14E, 14W)
2. Credentials Committee (G, E, W)3. Conference Drafting Committee
4. Committee on the Application of Conventions and
Recommendations
5. Finance Committee of Government Representatives
6. Other committees
- such as a committee to discuss a new standard
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Governing Body of ILO (1)
The executive body of the ILO Meets three times a year (in March, June and November);
Takes decisions on ILO policy;
Decides the agenda of the Conference;
Adopts the draft Programme and Budget of the Organization; and Elects the Director-General.
Composition 56 titular (28 G, 14 E and 14 W) and 66 deputy (28 G, 19 E and 19 W).
Ten of the titular government seats are permanently held by States of chief
industrial importance (Brazil, China, France, Germany, India, Italy, Japan, the
Russian Federation, the United Kingdom and the United States).
The Employer and Worker members are elected in their individual capacity.
GB Election is held every three years (2002 is the election year!)
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Governing Body of ILO (2)
The Governing Body has the following committees:
Committee on Freedom of Association (CFA)
Programme, Financial and Administrative Committee (PFA)
Committee on Legal Issues and International Labour Standards (LILS)
Working Party on Policy regarding the Revision of Standards (WP/PRS)
Subcommittee on Multinational Enterprises (MNE)
Committee on Employment and Social Policy (ESP)Committee on Sectoral and Technical Meetings and Related Issues (STM)
Committee on Technical Cooperation (TC)
Working Party on the Social Dimension of Globalization (WP/SDG)
http://www.ilo.org/public/english/standards/relm/gb/refs/gbguide.htmhttp://www.ilo.org/public/english/standards/relm/gb/refs/gbguide.htmhttp://www.ilo.org/public/english/standards/relm/gb/refs/gbguide.htmhttp://www.ilo.org/public/english/standards/relm/gb/refs/gbguide.htmhttp://www.ilo.org/public/english/standards/relm/gb/refs/gbguide.htmhttp://www.ilo.org/public/english/standards/relm/gb/refs/gbguide.htmhttp://www.ilo.org/public/english/standards/relm/gb/refs/gbguide.htmhttp://www.ilo.org/public/english/standards/relm/gb/refs/gbguide.htmhttp://www.ilo.org/public/english/standards/relm/gb/refs/gbguide.htmhttp://www.ilo.org/public/english/standards/relm/gb/refs/gbguide.htmhttp://www.ilo.org/public/english/standards/relm/gb/refs/gbguide.htmhttp://www.ilo.org/public/english/standards/relm/gb/refs/gbguide.htmhttp://www.ilo.org/public/english/standards/relm/gb/refs/gbguide.htmhttp://www.ilo.org/public/english/standards/relm/gb/refs/gbguide.htmhttp://www.ilo.org/public/english/standards/relm/gb/refs/gbguide.htmhttp://www.ilo.org/public/english/standards/relm/gb/refs/gbguide.htmhttp://www.ilo.org/public/english/standards/relm/gb/refs/gbguide.htmhttp://www.ilo.org/public/english/standards/relm/gb/refs/gbguide.htm7/31/2019 2479International Labour Organization
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International Labour Office (1)
The permanent secretariat of the ILO, located in Geneva.
Focal point for the overall activities that it prepares under the scrutiny of the
Governing Body and under the leadership of a Director-General
Some 1,900 officials of over 110 nationalities at the
headquarters and in 40 field offices around the world.
Some 600 experts undertaking missions in all regions ofthe world under the programme of technical cooperation.
A research and documentation centre and a printing
house
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International Labour Office (2)
The Regional Office (RO)
Sub-Regional Office (SRO)
The Area Office (AO)International Training Center of ILO
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3. Major Functions of ILO
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Standard Setting
International Labour Standards (ILS)Conventions Recommendations
Application at national level(through legislation and practice)
Adoption by the Conference
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ILS : Classification
Basic human rights
Employment
Conditions of work
Social security
Social policy
Labor administration
Women
Industrial relations
Children and youngpersons
Protection of specialgroups
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Freedom of Association
ILS : Core Labour Standards
Standards concerning fundamental human/social rights
Freedom ofAssociation, 1948
Right toCollective
Bargaining, 1949
C. 87 C. 98
Freedom from Forced Labour
Forced Labour,1930
Abolition ofForced Labour,
1957
C. 29 C. 105
Minimum Age for Employment
Minimum Age,1973
Elimination ofWorst Forms of
Child Labour, 1999
C. 138 C. 182
Freedom from Discrimination
EqualRemuneration,
1951
Discrimination(Employment andOccupation), 1958
C. 100 C. 111
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Technical Cooperation
Dispatch specialists to Member States to advise on technical matters
Provisions of facilities for training to further the aims of full
employment, the raising of standards of living, and greater jobsatisfaction.
Vocational training facilities
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4. Roles of ACTRAV
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Tripartism: Summary
Employers Workers
Governments
ILOActive Partnership
ACTEMP ACTRAV
Achievement of Social Justice through establishment and maintenance of
Active Partnership among the Governments, Workers and Employers
Organizations.
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For the spirits and purposes of the Tripartism,trade unions must be representative, competentand responsible, which give real effect to the
system and methodology.
Tripartism: Role of ACTRAV
ACTRAV supports the establishment andstrengthening of free, independent,
democratic and representative trade
unions in all countries in the world.
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Supports trade unions to be formed and to developas truly representative social partners;
Disseminate policies and programmes of the ILOand its technical units to trade unions;
Reflect interests of trade unions in programmesand actions of the ILO;
Support workers representatives in ILOs decisionmaking bodies; and
Educate and train trade union leaders/
activists/staff.
What does ACTRAV do?
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Tripartism: Structure of ACTRAV
Bureau for WorkersActivities
(ILO/ACTRAV-Geneva)
Asia/Pacific Desk: K. Takagi
ILO/ACTRAV-Turin
(International Training Center of theILO)
Asia/Pacific: H. Ishibashi
Field Specialists
(RO, SRO and AO)
Bangkok: R. RaghwanNew Delhi: P.S. AhnManila: D.P.A. Naidu
Overall policy/strategymaking
Liaison with other unit
Support for Workers
GroupReflection of workersinterests
Implementation of
training programmes
Direct contactwith unions
Implementation of ACTRAVpolicies andstrategies ineach country
Dissemination
of information
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ACTRAV-Team For Asia/Pacific
ILO HQ / ACTRAV
= Kimi Takagi Desk for Asia/Pacific
ILO Sub-Regional Office in Bangkok (for East Asia)
= R. RaghwanSenior Specialist for Workers Activities
ILO Sub-Regional Office in New Delhi (for South & Central Asia)
= Ahn Pong-SulSenior Specialist for Workers Activities
ILO Sub-Regional Office in Manila (for South East Asia & Pacific)= D.P.A. NaiduSenior Specialist for Workers Activities
ITC-ILO (Turin Center)
= Hiro Ishibashi Programme Officer for Asia/Pacific
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ACTRAV-Turin Team
Enrico Cairola - Programme Manager
Marc Belanger - IT Specialist
Ben I. Dia - Africa and Arab States
Carmen Benitez - Americas and Gender
Hiro Ishibashi - Asia and the Pacific Freek Thomasson Europe
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5. Issues for Discussion
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Low and declining union density Question of
Representativeness
Organized full-time male workers Model
Most competent workers organizations provision
Widening North-South gap Question of Universality
Lack of representations of developing countries in many ofILO structures and activities
Euro-centrism
Current Issues Concerning ILO
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Summary of this Session
1. Fundamental Goal and Principle of ILO
Achievement of Social Justice through Tripartism
2. Structure of ILO International Labour Conference, Governing Body and International
Labour Office
3. Major Functions of ILO
Standard Setting and Technical Cooperation.
4. Roles of ACTRAV
Empowerment of workers organizations
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Thank you for your attention!
Programme for Workers Activities (ACTRAV)
ITC-ILO
ILO in IR
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ILO in IR
81
ILO establish in 1919, on April 19 by VersaillesPeace Conference
India become member of ILO in 1919
ILO
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ILO
Full employment and raising
of standard of living
Adequate protection for the
life and health of the
workers
The assurance of
educational and vocational
opportunity
Stru
The International
Conference
The governing body
The international labor
office
Objective of ILO Structure of ILO
82
Functions of ILO
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Functions of ILO
Conditions of work
Child works
Migrant workers
Health, Safety and Welfare
Social Security
Manpower organization and VocationalTraining
83
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The International Labour
Organizationand International Labour Standards
International Labour Organization
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International Labour Organization
Was founded in 1919 Is a United Nations specialized agency
Has 181 Member States
Is the only international tripartite organization
ILO objectives and principles
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Universal and lasting peace can be established only if it is
based upon social justice Labour is not a commodity
Freedom of expression and association are essential tosustained progress
All human beings, irrespective of race, creed or sex havethe right to pursue both their material well-being andtheir spiritual development in conditions of [...] equalopportunities
PREAMBLE TO THE ILO CONSTITUTION, 1919DECLARATION OF PHILADELPHIA, 1944
Tripartism
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Tripartism is the active participation ofworkers and employers, together withgovernments, in all ILO activities
The tripartite structure of the ILO enables therepresentatives of workers and employers toparticipate on an equal footing with those ofgovernments in all discussion and the process
of decision-making
ILO Structure
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4 delegates per member State
International Labour Conference
Governing Body
International Labour Office
1 workers
delegate
1 employers
delegate
2 governments
delegates
14 workersrepresentatives
14 employersrepresentatives28 governmentsrepresentatives
International Labour Standards (ILS)
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CONVENTIONS
International treaties When ratified are legally binding
If not ratified, are sources of inspiration for domestic law
Variable content (Conventions recognizing fundamental rights,technical or promotional Conventions)
188 Conventions (as of July 2007)
RECOMMENDATIONS
Not open to ratification
Not legally binding
Provide general or technical guidelines for national action
199 Recommendations (as of July 2007)
Other ILO instruments
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Declarations
Resolutions
Codes of practice
Characteristics of ILS
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Tripartism
Universality
Flexibility
Application subject to an international control
ILO fundamental Conventions
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ALL ILO MEMBER STATES, IRRESPECTIVE OF THE
RATIFICATION OF THESE CONVENTIONS, HAVE THEOBLIGATION TO RESPECT THE PRINCIPLES THEY SET
OUT(ILO Declaration on Fundamental Principles and Rights at Work, 1988)
C87 Freedom of Association and Protection of the Right to Organise
Convention, 1948 C98 Right to Organise and Collective Bargaining Convention, 1949
C29 Forced Labour Convention, 1930
C105 Abolition of Forced Labour Convention, 1957
C138 Minimum Age Convention, 1973
C182 Worst Forms of Child Labour Convention, 1999 C100 Equal Remuneration Convention, 1951
C111 Discrimination (Employment and Occupation) Convention, 1958
Types of provisions to be found in ILO
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Conventions
Provisions granting in an unconditional manner clearand precise rights
Provisions granting rights of a general nature whosecontent is not specified by the instrument
Provisions granting rights and allowing States todecide the conditions for their implementation
Directive like provisions requiring States to adoptmeasures to apply in domestic law the guaranteesrecognized by the Convention
Provisions of a programmatic nature requiring Statesto adopt and implement a general policy
Ratification
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Is the official commitment by a Member Stateto be bound by the provisions of a Conventionunder international law
Is a political decision Cannot involve reservations
Consequences: (1) implementation of theConvention, both in law and in practice; (2)exposure to supervisory mechanisms
ILO supervisory mechanisms
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REGULAR SYSTEM OF SUPERVISION Based on the obligation to report on the
application of each ratified Convention
SPECIAL SYSTEMS OF SUPERVISION
Involve cases of specific allegation of
violations against a Member State
Most relevant ILO supervisory bodies for judges andlawyers
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lawyers
Committee of Experts on the Application ofConventions and Recommendations (CEACR)
Committee on Freedom of Association (CFA)
Functions of the ILO supervisory bodies
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Supervise the respect of ILO Member Statesobligations stemming from ILS
In so doing, clarify the meaning and scope ofILS provisions
Through their action, a body of case law hasbeen progressively built up
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THANK YOU FOR YOUR ATTENTION!
Standards and Fundamental
Principles and Rights at Work
Programme:
PPt prepared by Maura Miraglio
Supervision of ILO
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Indigenous and Tribal Peoples | www.ilo.org/indigenous | www.pro169.org
Supervision of ILOConventions
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ILO Structure
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ILO Organs
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International Labour OfficePermanent Secretariat
Research and documentation centre
Governing Body56 members
International Labour ConferenceInternational Labour Standards
182 Member States
International Labour Standards
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Conventions
When ratified, theseare legally binding
If they are notratified, theyrepresent objectivesand influence
national legislation
Recommendations
General or technicalguidelines
Not open toratification
Ratification
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Formal registration
Comes into force 1 year later
Obligations to report:
1st report one year after a Conventioncomes into force
Periodic report every 1 to 5 years
Core ILO Conventions
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29 (Forced Labour) and 105 (Abolition ofForced Labour)
138 (Minimum Age) and 182 (Worst Forms
of Child Labour)
100 (Equal Remuneration) and 111(Discrimination in Employment and
Occupation)
87 (Freedom of Association and Protection
of the Right to Organize) and 98 (Right toOrganize and Collective Bargaining)
Supervisory mechanisms: Regular supervision(Article 22, ILO Constitution)
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Special procedures: Representations(Article 24 ILO Constitution)
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What is the role of indigenous peoples?
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Indigenous peoples do not have a formal place within theILOs supervisory mechanisms
In order to access the supervisory system directly andofficially, it is necessary to work with or through theILOs tripartite partners (most often workersorganizations)
Indigenous organizations can send verifiableinformation directly to the ILO (laws, court decisions,etc.)
Information from UN agencies, projects and mechanismscan be taken into account by the supervisory mechanisms
Innovative approaches can also be found e.g., Norway Governments can develop official national mechanisms
for the inclusion of indigenous peoples in research, andthe implementation and monitoring of the Convention Indigenous peoples can work directly with the ILO
through technical cooperation
The role of technical cooperation
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Sensitization and capacity-building
Identification of implementation challenges
Response to comments of supervisory bodies
Facilitation of dialogue, improving coordination
Development of legislation, policies andprogrammes
Facilitating the establishment of mechanisms forimplementation and monitoring