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The ILO, International Labour Standards and Supervisory
Mechanisms
Presented by
Cerilyn A. Pastolero
Project Coordinator, ILO Manila
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+ Key Points for Discussion Key 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 standards and 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 standards and 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. Social Dialogue
1.
Rights
At work 2.Employment Strategic
Objectives
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What the ILO Does
Set international standards & Set international standards &
monitoring implementation monitoring implementation
Provide technical assistance – Provide technical assistance – Advisory services,
Advisory services, Technical Technical cooperation project
cooperation project
Promote development of Promote development of employers' & workers'
employers' & workers' organizations
organizations
Foster dialogue between Foster dialogue between constituents
constituents
Research and statistics Research and statistics
Forums and training Forums and training
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Types of International Instruments
Convention Convention
Recommendation Recommendation (206 (206 Protocol
Protocol
Guidelines
Guidelines Memorandum Memorandum
Declaration
Declaration Resolution Resolution
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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 &
Health Health Safety &
Safety &
Health Health Maternity
Maternity Protectio Protectio
n n
Maternity Maternity
Protectio Protectio
n n
No No
Discrimination Discrimination No No Discrimination Discrimination
National Labour Standards National Labour Standards
Minimum Minimum
Age Age
Minimum Minimum
Age Age
FOA FOA
FOA FOA Collective Collective Bargaining Bargaining Collective Collective Bargaining Bargaining Working
Working Hours Hours Working Working
Hours Hours
International International
Labour Standards Labour Standards
Minimum Minimum
International International
Standards
Standards
• What are the matters covered by ILS? All matters related to work, such as:
FOA,
collective bargaining
& industrial relations
Equality
Social Security
Employment policy and promotion
Migrant workers
& many other issues in the world of work
Hours of work
& rest
Vocational guidance
& training
Forced labour
Tripartite consultation
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
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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?
Convention Convention
Article 1…
Article 1…
Article 2…
Article 2…
Article 3…
Article 3…
Article 4…
Article 4…
Convention Convention
Article 1…
Article 1…
Article 2…
Article 2…
Article 3…
Article 3…
Article 4…
Article 4…
National Laws National Laws
Labour Standard Law Labour Standard Law
Trade Union Act Trade Union Act Manpower Act Manpower Act
etc… etc…
National Laws National Laws
Labour Standard Law Labour Standard Law
Trade Union Act Trade Union Act Manpower Act Manpower Act
etc… etc…
Practice Practice
Must be implemented properly Must be implemented properly
Practice Practice
Must be implemented properly Must be implemented properly
Must be Must be Consisten t Consisten t
Enforcement Enforcement
Regular monitoring, check-up and technical support Regular monitoring, check-up and technical support
through
through “Supervisory Mechanism” “Supervisory Mechanism”
Regular monitoring, check-up and technical support Regular monitoring, check-up and technical support
through
through “Supervisory Mechanism” “Supervisory Mechanism”
Must be
Must be
Consi stent
Consi stent
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The ILO Supervisory Mechanisms
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Supervisory Mechanism Supervisory Mechanism
ILO has developed the
ILO has developed the supervisory mechanism supervisory mechanism to ensure/support the implementation of
to ensure/support the implementation of ratified Conventions by Member States ratified Conventions by Member States ILO has developed the
ILO has developed the supervisory mechanism supervisory mechanism to ensure/support the implementation of
to ensure/support the implementation of ratified Conventions by Member States ratified Conventions by Member States
Regular Reporting Mechanism Regular Reporting Mechanism
Special Complaint Mechanism Special Complaint Mechanism
Special Mechanism for FOA
Special Mechanism for FOA
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2 Main Bodies under
Regular Supervision
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ILO ILO
Value of Art.22 Report Value of Art.22 Report ( Regular Supervision) ( Regular Supervision)
Government Government
ILO ILO
Annual Report of Annual Report of
the Committee of Experts the Committee of Experts
•Compilation of observations, Compilation of observations,
interpretations, recommendations interpretations, recommendations of the CEACR on non-observance of the CEACR on non-observance and specific violation cases
and specific violation cases Employers’
Employers’
Group Group
Committee of Committee of
Experts on Experts on Application of Application of Conventions and Conventions and Recommendations Recommendations
Committee of Committee of
Experts on Experts on Application of Application of Conventions and Conventions and Recommendations Recommendations
Tripartite report Tripartite report (ideally)
(ideally) Workers’
Workers’
observations observations
Employers’
Employers’
observations observations
Observation Observation Dir. Request Dir. Request
Conference Committee on Conference Committee on Application of Conventions &
Application of Conventions &
Recommendations Recommendations
Workers’
Workers’
Group Group
