The ILO and International Labour Standards 国际劳工组织及其劳动监察公约

1. The ILO andInternational Labour Standards 国际劳工组织及其劳动监察公约 Tim De Meyer, International Labour Office, Subregional Office Bangkok, Thailand Tim De Meyer先生，国际劳工组织曼古次区局国际劳工标准专家

2. International Labour Organization国际劳工组织 • Organization of Governments, Employers and Workers from 177 countries 由来自177个国家的政府、雇主组织和工人组织的代表组成 • Mandate to promote social justice and eradication of poverty through decent work as a matter of 从以下方面促进社会公正 • respect for individual dignity 尊重个人的尊严 • economic and social development 促进经济和社会发展 • international peace and stability 维护世界的和平和稳定

3. ILO’s Decent Work agenda国际劳工组织体面的工作议程 • Decent work = work which does not only provide men and women the means for short-term survival, but also 体面的工作不仅向人们提供短期谋生的方法，而且也给予人们 • A sense of fulfillment by being in charge of one’s own (working) life and responsible for one’s working environment (empowerment) 通过把握自我（工作）生活而获得的满足感和对工作环境（赋予能力）的责任感 • A sense of protection against the hazards and contingencies of working life 远离危险和工伤事故的安全感 • Social inclusion or a sense of participation in the wider community 社会融合或在更广泛参与社会感

4. International Labour Conference Tripartite « world assembly » of labour (1 E + 2 G + 1 W) x 177 Adopts Conventions and Recommendations Governing Body of the IL Office Tripartite executive council 14 E + 28 G (10) + 14 W Sets agenda of the Conference International Labour Office Secretariat, headed by a Director-General ILO : Organizational Structure

5. What are labour standards ? • Labour standards (LS) aim to promote social justice, i.e. (in a market context) tip the power balance which market forces will normally tilt against workers • LS are established points of reference against which the performance of employers, governments or occasionally workers is measured • wages, protect safety & health, keep under-age children from work, consult E & W organizations on draft SME legislation, gear trade policy towards full employment • LS can be international, national, sectoral …

6. What are International LS ? • The only coherent set of LS, globally agreed upon by G, E & W in the ILO • Designed to be universally applicable, i.e. leaving much concrete application to national authorities in consultation with the social partners • Take the form of Conventions (to be ratified) and Recommendations (not to be ratified, but equally authoritative)

7. Recommendations Same authority as Conventions Not open to ratification Guidelines or higher standards Conventions If ratified, they are binding under international law If not ratified, they influence national law & policy Protocols may only be ratified together with their Convention International Labour Standards

8. What are International LS ? • They express law (as opposed to merely moral intentions), i.e. a general conviction that abidance by all is necessary, even when occasionally inconvenient, in the interest of achieving a shared objective • Their nature can be substantive, procedural, institutional, or promotional

9. International Labour Standards • Since 1919, 185 Conventions and 194 Recommendations • Some 72 C & 72 R are up-to-date, the rest is up for revision, abrogation, review over time • Eight are fundamental C., setting standards on 4 principles at work fundamental to globalization (Declaration on Fund Principles & Rights at Work, 1998) • freedom of association and collective bargaining • elimination of forced labour • abolition of child labour • elimination of discrimination at work • Four more are priority C. dealing with employment policy, labour inspection and tripartite consultation

10. Adoption (= creation) Submission to the competent authorities (= dissemination and orientation) Ratification (= commitment) Denunciation (= cancelling commitment) Application (= law and practice) Supervision (= monitoring application by ILO) IL Standards Terminology

11. G G W W E E Adoption (Standard-setting) Comments of governments, employers and workers The Governing Body places the question on the Conference Agenda The Office circulates alaw and practice reportwithquestionnaire International Labour Conference First discussionby a special tripartite Committee Comments of governments, employers and workers The Office submits a summary of the discussion and a draft instrument The Office prepares arevised draft instrument International Labour Conference Second discussionby a special tripartite committee Adoption by the Conference with a two-third majority

12. Submission • ILO Member states must submit instruments to competent authorities between 12-18 months after their adoption by the International Labour Conference • Accompanied by position proposed by G • With a view to raising awareness among representatives of the people, and promoting consideration by law- and budget-makers 国际劳工大会通过文书后12－18个月内会员国须将该文书提交给主管当局

13. What is ratification ? • Formal commitment of a State to be bound by the provisions of the Convention under international law • Formally simple • ILO : no reservations accepted • Voluntary, even for FHR Conventions • FHR Ratification campaign • Reversable through denunciation, even for FHR Conventions

14. What is ratification ? • Formal requirements: must clearly identify the Convention, be an original document, signed by a person with authority to engage the State, and clearly convey the intention to be bound • Compulsory declaration to be included for certain Conventions • Optional declarations as to the use of permitted exclusions, exceptions or modifications • Entry into force: one year after ratification is registered

15. What does ratification entail ? • Continuous efforts to apply the ratified C. in law and in practice • Regular reporting (minimum every 2 or 5 years, depending on the Convention) • Exposure to regular supervision • Exposure to representations and complaints

16. Ratification • Means commitment by member to apply in law / practice & to engage in dialogue • Voluntary, even for FHR Conventions • No reservations (unless flexibility clauses) • 60 – 38 – 24 – 15 • Many East Asian countries start to ratify again after long periods of « drought », lead by fundamental C.

17. Ratification FHR Conv. in AP • Ratification of all 8 FHRC consistently well below world average, although • nearly 50 % of ratifications since 1995 • nearly 25 % child labour, starting 1997 • Freedom of association and CB Conventions lag behind, particularly in terms of population (China, India, IR Iran, RoKorea, Thailand, Viet Nam) • Forced labour Conventions lag behind in transition economies

18. China’s ratification record • 23 Conventions ratified, 20 in force • Separate records for Hong Kong SAR (41) and Macao SAR (33) • Only 9 C. since 1978/1983, but accelerating • 3 in 2002 • C. 81, C. 111, C. 155, C. 29 & 105 lined up • < Asia Pacific average, but > East Asia avg. • 3 out of 8 fundamental Conventions

19. G W E Supervisory machinery Government reports Employers’ and workers’ comments Committee of Expertson the Applicationof Conventions and Recommendations Observationspublished in Report III (4A) to ILC Direct requestssent to Governments Conference Committeeon the Application of Standards Special paragraphsin report submitted to the ILC

20. Special Supervision • Art. 24 representations • By E or W organizations, if C. ratified (e.g. HKSAR - C. 97 - migrant domestic workers) • Art. 26 complaints • By Member States, E or W delegates to ILC or GB, if C. ratified (e.g. Myanmar C. 29) • GB Committee of Freedom of Association • By E, W, G, also if FoA/CB C. are not ratified (several cases against China in recent years)

21. China Supervision Assessment • Regular supervision : (http://webfusion.ilo.org/public/db/standards/normes/appl/Art22byCtry.cfm?hdroff=1&CTYCHOICE=2650&Lang=EN) • Reporting is regular • All outstanding comments at Direct Request level • Last Conference discussion on C. 26 in 1994 • Committee on Freedom of Association : (http://webfusion.ilo.org/public/db/standards/normes/libsynd/index.cfm?hdroff=1) • 1 Active case, 2 Follow-Up, 3 Closed • Major issues relating to law & practice in relation to the right to organize, the right to bargain collectively and the right to strike

22. ILO Declaration on Fundamental Principles and Rights at the Workplace, and its Follow-up国际劳工组织关于工作中基本原则和权利宣言及后续措施

23. Promotes four human rights principles: 旨在推动及促进四项人权原则 (a) Freedom of association and the right to collective bargaining; 自由结社及集体谈判权 (b) The elimination of forced or compulsory labour; 消除强迫或强制性义务劳动 (c) The abolition of child labour; 取消童工 (d) The elimination of discrimination in respect of employment and occupation. 消除就业与职业歧视

24. Political and economic context • Builds on Berlin, Marrakesh, Copenhagen and Singapore • Reaffirms the constitutional value of ILO FPR in the context of the global economy • Establishes an official dialogue on FPR channel in the absence of ratification • Mobilizes resources in support of FPR

25. Overview of the Follow-up • The Annual Review is based on reports from governments who have not yet ratified one or more of the fundamental Conventions. The require- ment to submit reports is based on the ILO Constitution The Follow-up is based on a system of Annual Reviews and Global Reports

26. Overview of the Follow-up • The Global Report provides a dynamic world picture that highlights trends in respect of the fundamental principles and rights, regardless of whether or not a country has ratified any of the fundamental Conventions.  The Follow-up is based on a system of Annual and Global Reports

27. As of 20 March 2004 / ILO:177 Member States AdoptedNo.TitleRatifications 1930 29 Forced labour (163) 1948 87 Freedom of Association and Protection of the Right to Organise (142) 1949 98 Right to Organise and Collective Bargaining(154) 1951 100 Equal Remuneration (161) 1957 105 Abolition of Forced Labour (161) 1958 111 Discrimination (Employment (160) & Occupation) 1973 138 Minimum Age (133) 1999 182 Worst Forms of Child Labour (148)

28. Percentage of Asian Pacific countries having ratified fundamental ILO Conventions: 20 March 2004

29. ILS Revision Policy results • Up to date : 72 C (+ 6 P), 72 R • To be revised : 22 C, 14 R • Outdated (including withdrawn, replaced or shelved instruments): 60 C, 69 R • Requests for info : 5 C, 12 R • Interim status : 24 C, 26 R • No conclusion : 1 C, 1 R

30. Involvement of Employers’ and Workers’ Organizations • Constitutional obligation of the Gov’t to communicate copies of information and reports sent to the ILO to the most representative organizations (article 23, paragraph 2, of the ILO Constitution) • Allows these organizations to transmit their own views, to the Government or to the ILO

31. Involvement of Employers’ and Workers’ Organizations • Under Convention No. 144, obligation to consult these organizations on: • Replies to questionnaire and comments on proposed new instruments • Submission of instruments to competent authorities • Re-examination of unratified Conventions and Recommendations • Reports on ratified Conventions (according to Recommendation No. 152, on reports on unratified Conventions and Recommendations as well) • Proposals for denunciation of Conventions

32. Involvement of Employers’ and Workers’ Organizations • Any organization of employers or workers (not only the most representative ones) can make comments on the application of ratified Conventions • At any time • Whether they have been consulted on the Government’s report or not • Without any formal requirements (just indicate the Convention dealt with), by a letter to the Director General of the ILO

33. Involvement of Employers’ and Workers’ Organizations • When organizations make comments on the application of ratified Conventions, these comments are • Transmitted to the Government, which is asked to provide its own views • Submitted to the CEACR • Mentioned in the report and often reflected in the comments of the CEACR