INTERNATION TRADE UNION CONFEDERATION (ITUC) Department of Trade Union Rights

1. INTERNATION TRADE UNION CONFEDERATION (ITUC)Department of Trade Union Rights PRESENTATION ON FUNDAMENTAL HUMAN RIGHTS@WORK (Core Labour Standards) (December 2006) ITUC Presentation on Core Labour Standards - 2006 - Draft

2. What is the International Labour Organisation (ILO)? • An international organisation – a Specialised Agency of the United Nations • Dealing with labour matters • Composed of approx. 190 Countries • Tripartite composition: Governments, Workers‘ and Employers’ organisations • Supreme decision-making body: International Labour Conference (ILC) • ILC meets every year in June in Geneva ITUC Presentation on Core Labour Standards - 2006 - Draft

3. What is the International Labour Organisation (ILO)? (2) • Every Member (Member State) sends tripartite Delegation to ILC • The most representative organisation(s) of Workers and Employers should be consulted about Delegation composition • ILC elects Governing Body (GB) every 3 years. • GB has 56 Members: 28 Governments, 14 Workers’ and Employers ( + 14 Deputy Members & 14 Substitute for each Group) ITUC Presentation on Core Labour Standards - 2006 - Draft

4. What is the International Labour Organisation (ILO)? (3) • Governing Body meets 3 times/year: three weeks in March and November, one day in June (just after ILO Conference) • GB has 1 Chair (Government) and 2 Deputy-Chairs (Worker & Employer) • Together, these 3 persons are the Officers of the Governing Body • GB has several Committees, including a Committee on Freedom of Association ITUC Presentation on Core Labour Standards - 2006 - Draft

5. The International Labour Office (ILO) • This is the “Executive Branch” of the Organisation, based in Geneva • Headed by Director-General • Regional, Sub-Regional & Country offices • Several Departments in Geneva, incl. 2 essential Departments in terms of “Rights”: ACTRAV and STANDARDS • ACTRAV: “Workers’ Activities” – provides support to trade unions around the world ITUC Presentation on Core Labour Standards - 2006 - Draft

6. The International Labour Office (2) • Department of International Labour Standards: • Helps the Organisation to develop new “standards” (Conventions & Recommendations) • Studies compliance of Members with international labour Conventions • Provides technical support to countries, workers and employers’ to respect standards ITUC Presentation on Core Labour Standards - 2006 - Draft

7. What are Fundamental Human Rights @ Work ? • Rights which are specific to work and to workers • Guaranteed under international law • Particularly under Conventions of the International Labour Organisation (ILO) • Applicable in all countries of the world • An integral part of international human rights ITUC Presentation on Core Labour Standards - 2006 - Draft

8. What are these rights? • Freedom of Association, Right to organise, Collective Bargaining • Absence of Discrimination • Absence of Child Labour • Absence of Forced Labour ITUC Presentation on Core Labour Standards - 2006 - Draft

9. Which are the ILO Conventions in question? • C 87, Freedom of Association and Protection of the Right to Organise, 1948 • C 98, Right to Organise and Collective Bargaining,1949 • C 100, Equal Remuneration, 1951 • C 111, Discrimination (Employment and Occupation), 1958 • C 138, Minimum Age, 1973 • C 182 Worst Forms of Child Labour, 1999 • C 29, Forced Labour Convention, 1930 • C 105, Abolition of Forced Labour, 1957 ITUC Presentation on Core Labour Standards - 2006 - Draft

10. Why is respect for these 8 ILO Conventions mandatory everywhere ? • Together, they form the rights protected under the ILO Declaration of Fundamental Rights and Principles at Work, 1998 • The Declaration was adopted that year by the International Labour Conference • All Member States of the ILO should respect and promote them, irrespective of whether they have ratified these 8 Conventions or not • They should ratify them or explain why they don’t and what they do to overcome problems ITUC Presentation on Core Labour Standards - 2006 - Draft

11. How does the ILO monitor respect of the Declaration ? • Member States who have not ratified one or more of these 8 “core” Conventions should report to the ILO under the “Follow-up” mechanism of the Declaration • They should report each year on what they have done to promote respect for and implementation of the rights covered by the Conventions which they have not ratified • They should consult Workers and Employers’ organisations about these annual reports • These organisations can present their own reports; such reports are NOT complaints ITUC Presentation on Core Labour Standards - 2006 - Draft

12. How does the ILO monitor respect for RATIFIED Conventions ? • Committee of Experts on the Application of Conventions and Recommendations (CEACR) – NOT a tripartite body, but: • Independent experts in international labour law (senior judges, lawyers, academics…) • Coming from all regions of the world (different legal, economic and social systems) • Independence, objectivity, impartiality ITUC Presentation on Core Labour Standards - 2006 - Draft

13. Monitoring of ratified Conventions – Committee of Experts (continued – 2) • Appointed for 3 years by the Governing Body on proposal of the ILO Director-General • Meets once a year (November-December) • Examines reports presented by Member-States on all Conventions they have ratified • Publishes its Report in March of the following year (during Governing Body) • The report serves as a basis for discussions in the ILO Conference Committee on the Application of Standards (June every year) ITUC Presentation on Core Labour Standards - 2006 - Draft

14. Monitoring of ratified Conventions – Committee of Experts (continued – 3) • Workers and Employers’ organisations should be consulted about the Governments’ reports to the CEACR • If not consulted, Workers’ and Employers’ organisations can submit own comments • Deadline: 1st September every year • Comments can be sent directly to ILO by post, fax or e-mail: normes@ilo.org • Or you can request ITUC assistance: post, fax: +32.2.224.02.97, or: turights@ituc-csi.org ITUC Presentation on Core Labour Standards - 2006 - Draft

15. Monitoring of ratified Conventions – Committee of Experts (continued - 4) • The ILO will send your comments to your Government which can reply • Remember: only RATIFIED Conventions • Specific, clear and detailed comments on: legislation, practice or facts • Remember: lengthy process – Observations by Experts on your comments submitted before 1st September will only be made public the following March; if deadline missed, add one year! ITUC Presentation on Core Labour Standards - 2006 - Draft

16. Monitoring of ratified Conventions – Committee of Experts (continued - 5) Contents of the Report of the CEACR: • Part I: General report: overview of the Committee’s work; matters of general interest or special concern • Part II: Individual observations on the application of ratified Conventions; direct requests; acknowledgements (of work completed by Governments) ITUC Presentation on Core Labour Standards - 2006 - Draft

17. Monitoring of ratified Conventions – ILO Conference Committee 2. Conference Committee on the Application of Standards • Meets every year in June in Geneva (ILC) • Tripartite Committee: Governments, Union and Employers’ representatives • Chair & Reporter: from Governments’ Group • Vice-Chairpersons: from Workers & Employers ITUC Presentation on Core Labour Standards - 2006 - Draft

18. Monitoring of ratified Conventions - ILC Committee on Application of Standards (2) • General discussion: “General Report”; “General Survey” (on a specific subject) • Discussion of “individual cases”: • : cases selected from the report of the Committee of Experts “by the Officers of the Committee” • List of cases prepared by Workers’ Group, then negotiated with Employers’ Group and submitted “for approval” to the full Committee ITUC Presentation on Core Labour Standards - 2006 - Draft

19. Monitoring of ratified Conventions - ILC Committee on Application of Standards (3) • On average 25 cases on the list • Strong efforts to design “balanced list” • : geographically, between developing and industrialised countries (“North & South”) • : between “fundamental and technical” conventions • “Fundamental”: 87-98, 100-111, 138-182, 29-105: but a majority concerns 87-98 • “Technical: 81, 122, 144, OHS, etc (+169) ITUC Presentation on Core Labour Standards - 2006 - Draft

20. Monitoring of ratified Conventions - ILC Committee on Application of Standards (4) Importance of the Conference Committee: • International and public scrutiny of Governments’ respect and implementation of ratified Conventions • Public criticism of Governments’ performance • Occasionally strong censure: “Special paragraphs” and “Continuous failure to implement” • Governments mostly dislike it ITUC Presentation on Core Labour Standards - 2006 - Draft

21. Committee on Freedom of Association (CFA) • Tripartite Committee of Governing Body • 9 Members: 3 Governments, 3 Workers, 3 Employers and 1 independent Chair • Examines complaints against Govern-ments for violations of C87 & C98 • Independently of ratification or not (complaint can be sent to CFA even if country has NOT ratified 87 and/or 98) • Only 87-98, no other issues or problems ITUC Presentation on Core Labour Standards - 2006 - Draft

22. Committee on Freedom of Association (CFA) (2) `Who can submit a complaint to the CFA? • A national organisation directly interested in the matter (: a national centre, concerning its own members or a matter in which it is itself involved) • An international organisation of Workers or Employers (: like ITUC, IOE) on any country and any situation • Another international Workers’ or Employers’ organisation concerning its own members (e.g. a Global Union Federation) ITUC Presentation on Core Labour Standards - 2006 - Draft

23. Committee on Freedom of Association (CFA) (3) What FORMAT for a CFA complaint? • Written communication, on official letterhead of your national centre; • Must have union’s name and a valid address; • Addressed to ILO Director-General; • Signed by duly authorised official of your national centre; • Detailed facts, supported by evidence ITUC Presentation on Core Labour Standards - 2006 - Draft

24. Committee on Freedom of Association (CFA) (4) Procedure & processing of complaints • Send complaint to ILO DG or Dept of Standards: libsynd@ilo.org • You receive ILO letter with case number • You have one month to send additional information; thereafter: only NEW facts • ILO sends complaint to Government, which is invited to respond ITUC Presentation on Core Labour Standards - 2006 - Draft

25. Committee on Freedom of Association (CFA) (5) • CFA tends examines your complaint and government’s response and drafts its report • Report contains Conclusions (decision on the case) and Recommendations (to be implemented by Government) • Report submitted for approval to GB • Report then becomes public ITUC Presentation on Core Labour Standards - 2006 - Draft

26. Committee on Freedom of Association (CFA) (6)  A few things to keep in mind: • There is no deadline to submit complaint or additional information, but • Each additional information is sent to Government for comment • Don’t submit new information shortly before the CFA meeting (3 times/year: March, June, Nov, just before GB) • CFA may ask you to reply to questions ITUC Presentation on Core Labour Standards - 2006 - Draft

27. How to write to the ILO ? Mr. Juan Somavia, Director-General International Labour Office, 4, route des Morillons CH - 1211 Geneva Switzerland Copy: 1) ILO Office in Kathmandu 2) ITUC turights@ituc-csi.org fax: +32.2.224.02.97 e-mail for ILO: Committee of Experts: normes@ilo.org Committee on Freedom of Association: libsynd@ilo.org ITUC Presentation on Core Labour Standards - 2006 - Draft