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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

nn

Maternity Maternity ProtectioProtectio

nn

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!!