The ILO and Social Responsibility

Pr. Sophie Robin-OlivierEcole de droit de la Sorbonne

Université Paris I

Overview

• History and constitutional basis of the ILO

• ILO Missions

• ILO new challengesFree Trade and Social JusticeFair Globalization / Decent work

History

1919: the ILO is created in the wake of World war I and the bolshevik revolution

Basic ideas : - International cooperation is needed to avoid national

rivalry- Avoid the extension of the communist revolution

(linked with bad labor conditions)- For socialist and Union leaders: the ILO is a way to

establish an institutional link for cross-border solidarity

Constitutional basis of the ILO

• Initially : chapter XIII of the treaty of Versailles establishing the League of Nations

« Universal peace can be established only if it is based upon social justice… »

The treaty itself requires improvement of labour conditions, including working time regulation, prevention of unemployment, an adequate living wage…

Evolution

• The League of Nations disappears at the end of the 1930’s

• ILO becomes a separate entity, joined by the US in 1934

• Ambitious program: elaboration of labor standards (working hours, child labor, health and safety, maritime workers…)

Post war period

• 1944: Philadelphia conference

ILO becomes a UN agency

Philadelphia Declaration of 1944 (incorporated in the ILO constitution) reaffirms the fondamental principles on which the organization is based

4 major principles

1- Labor is not a commodity2- Freedom of expression and association are

essential to sustained progress3- Poverty anywhere constitutes a danger to

prosperity everywhere4- Promotion of common welfare is to be ensured by

concerted international efforts by representatives of workers, employers and governments on an equal basis (=> trilateral organisation)

Post war evolution

Adoption of important conventions on freedom of association, right to organize, right to collective bargaining1948: Convention 871949: Convention 98

These texts have a higher status (constitutional)All governments are supposed to respect them, even if they did not ratify them

1950-1980

Cold war

Various conventions are adopted+The ILO provides support to Unions in Poland, to workers in Latin American dictatorships, in South Africa…

1989 and beyond

• Fall of the Berlin wall opens new frontiers

• New problems also: globalization and the impact on workers’rights

• 1995: social summit in Copenhagen Social Justice becomes a more central objective on the international agenda

Missions of the ILO

1- Standard setting

2- Handling complaints

3- Technical assistance

1- Standard setting

1) Conventions (189)

Need ratifications to be binding (US ratified 14 conventions, France, 104)The effect of ratification depends on national Constitutions

1-Standard setting

2) 1998 Declaration on Fundamental principles and rights at work

« Core Labor Standards » Declaration

Obligation for all States to respect, promote and realize a series of (4) fundamental rights

Core Labor Standards

a) Freedom of association and the effective recognition of the right to collective bargaining

b) The elimination of all forms of forced laborc) The effective abolition of child labord) The elimination of discriminations in

employment and occupation

Enforcement of Core Labor Standards

• Annual report by all countries on 1 of the 4 standards (cycle)

• General report drawn from national reports by the Director General

= strictly promotional follow-up mecanism

2- Complaint handling

2 bodies:- Committee on Freedom of Association (for conventions

87 & 98)-Committee of experts on the application of conventions and recommendations-> examines annual reports made by governments on ratification progress & application of ratified conventions-> receives complaints filed by one government against another (or complaints by a union or an employer) for violation of a convention

2- Complaint handling

• Basis: documentary information provided by complainants and responding government +Fact finding missions (rare)

• Result: reports and recommendationsindicating whether a state does or not violate the convention(no real decisions)

Lack of enforcement power ?

Is the ILO « toothless » ?Nuance:1) The ECtHR or other courts make use of ILO Conventions & expert

committees interpretations

2) Art 33 of the ILO ConstitutionAfter exhausting all other possibilities to bring the violator in compliance with ILO obligations « the governing body may recommend to the conference such action as it may deem wise & expedient to secure compliance »

=> trade sanctions

Impact of Core Labour Standards?

From hard to soft law ? Revitalization or retreat?Debate between Alston, Maupain& Langille

Questions about the impact of CLS - A reference in trade agreements & codes of conduct or

other private initiative?- A risk of watering-down more precise and stronger norms?- Interpretation?- Impact on the race to the bottom? Unfair competition?

3-Technical assistance

Support to member states to:- Draft legislation- Train labour inspectors- Develop job placement services for

unemployed- Find alternatives to child labour…

3-Technical assistance

Examples

- International program for the elimination of child labor (IPEC)

- US/Cambodia trade agreement: ILO provides support for the labor side dimension of the trade agreement

ILO new challenges

- Free Trade and Social Justice

The social clause debate

- Fair Globalization / Decent work

« ILO declaration on social justice for a Fair globalization » (2008)

« Decent work » initiative (2002)