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The ILO, International Labour Standards and Supervisory
Mechanisms
Presented byCerilyn A. PastoleroProject Coordinator, ILO Manila
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+Key Points for DiscussionKey Points for Discussion
Improved understanding and appreciation of what the ILO does Improved understanding and appreciation of what the ILO does and the value of international labour standardsand the value of international labour standards
Improved understanding and appreciation of what the ILO does Improved understanding and appreciation of what the ILO does and the value of international labour standardsand the value of international labour standards
What are What are International International
Labour Labour Standards?Standards?
What are What are International International
Labour Labour Standards?Standards?
What is the ILO?What is the ILO?What is the ILO?What is the ILO?What are the What are the
ILO’s supervisory ILO’s supervisory mechanisms?mechanisms?
What are the What are the ILO’s supervisory ILO’s supervisory
mechanisms?mechanisms?
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The International Labour Organization
• UN Specialized agency • The only tripartite
organization in the UN, employers and workers have equal voice with that of government
• 185 member States• 40 field offices
throughout
the world
• Devoted to advancing decent work for women and men
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4 Pillars of Decent Work
3. Social Protection
4. SocialDialogue
1. RightsAt work 2.Employment
Strategic Objectives
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What the ILO Does
Set international standards & monitoring Set international standards & monitoring implementationimplementation
Provide technical assistance – Advisory services, Provide technical assistance – Advisory services, Technical cooperation projectTechnical cooperation project
Promote development of employers' & workers' Promote development of employers' & workers' organizations organizations
Foster dialogue between constituentsFoster dialogue between constituents Research and statisticsResearch and statistics Forums and trainingForums and training
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Types of International Instruments
Convention Convention
Recommendation Recommendation (206(206ProtocolProtocol
GuidelinesGuidelines MemorandumMemorandum
DeclarationDeclaration ResolutionResolution
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Characteristics of standards
Standards are set at the global level & are applicable to countries of different contexts
The standards are set in the spirit of realism & effectiveness
Reflects tripartite international consensus
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National Standards should go above the International
Safety & Safety & HealthHealth
Safety & Safety & HealthHealth
Maternity Maternity ProtectioProtectio
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Maternity Maternity ProtectioProtectio
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No No DiscriminationDiscrimination
No No DiscriminationDiscrimination
National Labour StandardsNational Labour Standards
Minimum Minimum AgeAge
Minimum Minimum AgeAge
FOAFOAFOAFOACollective Collective
Bargaining Bargaining Collective Collective
Bargaining Bargaining
Working Working HoursHours
Working Working HoursHours
InternationalInternationalLabour StandardsLabour Standards
Minimum Minimum International International StandardsStandards
• What are the matters covered
by ILS? All matters related to work, such as:
FOA, collective bargaining & industrial relations
Equality
Social Security
Employment policyand promotion
Migrant workers
& many other issues in the world of work
Hours of work & rest
Vocational guidance& training
Forced labour
Tripartiteconsultation
Occupational safety
& health
Wages
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• Eight are up-to-date fundamental Conventions (Declaration on Fundamental Principles & Rights at Work, 1998)– FoA & collective bargaining– elimination of forced labour– abolition of child labour– elimination of discrimination at work
• Four Conventions are governance Conventions– employment policy– labour inspection– labour inspection in agriculture– tripartite consultation
11
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Ratification• Official commitment to be bound by the
requirements of a Convention under international law
• Political decision• Cannot involve reservations
• Consequences: (1) implementation of the Convention, both in law and in practice; (2) oversight by the supervisory mechanisms
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How ratified Conventions How ratified Conventions should be implemented?should be implemented?
ConventionConventionArticle 1…Article 1…Article 2…Article 2…Article 3…Article 3…Article 4…Article 4…
ConventionConventionArticle 1…Article 1…Article 2…Article 2…Article 3…Article 3…Article 4…Article 4…
National LawsNational LawsLabour Standard LawLabour Standard Law
Trade Union ActTrade Union ActManpower ActManpower Act
etc…etc…
National LawsNational LawsLabour Standard LawLabour Standard Law
Trade Union ActTrade Union ActManpower ActManpower Act
etc…etc…
PracticePracticeMust be implemented properlyMust be implemented properly
PracticePracticeMust be implemented properlyMust be implemented properly
Must be Must be Consistent
Consistent
EnforcementEnforcement
Regular monitoring, check-up and technical support Regular monitoring, check-up and technical support throughthrough “Supervisory Mechanism”“Supervisory Mechanism”
Regular monitoring, check-up and technical support Regular monitoring, check-up and technical support throughthrough “Supervisory Mechanism”“Supervisory Mechanism”
Must be Must be
ConsistentConsistent
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The ILO Supervisory Mechanisms
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Supervisory MechanismSupervisory Mechanism
ILO has developed the ILO has developed the supervisory mechanismsupervisory mechanismto ensure/support the implementation ofto ensure/support the implementation ofratified Conventions by Member Statesratified Conventions by Member States
ILO has developed the ILO has developed the supervisory mechanismsupervisory mechanismto ensure/support the implementation ofto ensure/support the implementation ofratified Conventions by Member Statesratified Conventions by Member States
Regular Reporting MechanismRegular Reporting Mechanism
Special Complaint MechanismSpecial Complaint Mechanism
Special Mechanism for FOASpecial Mechanism for FOA
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2 Main Bodies under Regular Supervision
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ILOILO
Value of Art.22 Report Value of Art.22 Report ( Regular Supervision)( Regular Supervision)
GovernmentGovernment
ILOILO
Annual Report ofAnnual Report ofthe Committee of Expertsthe Committee of Experts
• Compilation of observations, Compilation of observations, interpretations, interpretations, recommendations of the CEACR recommendations of the CEACR on non-observance and specific on non-observance and specific violation casesviolation cases
Employers’Employers’GroupGroup
Committee of Committee of Experts on Experts on
Application of Application of Conventions and Conventions and
RecommendationsRecommendations
Committee of Committee of Experts on Experts on
Application of Application of Conventions and Conventions and
RecommendationsRecommendations
Tripartite reportTripartite report
(ideally)(ideally)
Workers’Workers’observationsobservations
Employers’Employers’observationsobservations
ObservationObservation
Dir. RequestDir. Request
Conference Committee on Conference Committee on Application of Conventions & Application of Conventions &
RecommendationsRecommendations
Workers’Workers’GroupGroup
Gov. must provide additional Gov. must provide additional information/ explanation to information/ explanation to the CEACRthe CEACR
25 selected25 selectedserious casesserious cases
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Content of Detailed Reports
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Comments of CEACR
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Reporting on ratified Conventions: CEACR
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Special Procedures
1. “Representations” by employers’ or workers’ organizations (art. 24)
2. “Complaints” by member States or delegates to the International Labour Conference (art. 26)
3. Complaints alleging violation of FoA principles
– Governing Body Committee on FoA– Regardless whether country is bound
by Conventions on FoA. 22
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CFA PROCEDURE:
ComplaintComplaint Government Government
Director GeneralDirector General
Insufficiently substantiated allegations
Insufficiently substantiated allegations Sufficiently
substantiated allegations
Sufficiently substantiated allegations
CFA•Considers government’s observations & may ask for further facts or statements from the complainant and/or government•Proposes conclusions and recommendations to the Governing Body
CFA•Considers government’s observations & may ask for further facts or statements from the complainant and/or government•Proposes conclusions and recommendations to the Governing Body
Governing BodyGoverning BodyCFA to monitor actions taken
CFA to monitor actions taken
CEACR to monitor actions taken in the case of ratified Conventions
CEACR to monitor actions taken in the case of ratified Conventions
* Average period before complaint is first filed is 10 months
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THANK YOU!!