ILO DECLARATION ON FUNDAMENTAL PRINCIPLES AND RIGHTS AT WORK AND ITS FOLLOW-UP

1. ILO DECLARATION ON FUNDAMENTAL PRINCIPLES AND RIGHTS AT WORK AND ITS FOLLOW-UP

2. FPRW Declaration: history and adoption • 1994: Director-General’s Report to the ILC • 1995: UN Social Summit, Copenhagen • 1996: WTO Ministerial Conference, Singapore • 1996: OECD Study on International Trade and Core Labour Standards (confirmed in 2000) • June 1998: Adoption

3. FPRW Declaration: rationale • To face globalization through social justice • To affirm a universal consensus on basic workers’ rights • To recall the ILO’s role to promote their respect • To reaffirm that labour rights should not be used for protectionist purposes

4. FPRW Declaration: content • All Members, because of their membership in the ILO, have an obligation to respect, to promote and to realize the principles concerning the fundamental rights at work, even if they have not ratified one or more of the core Conventions • The ILO has an obligation to provide assistance needed to achieve the above obligations

5. Which principles? • Freedom of association and the effective recognition of the right to collective bargaining • The elimination of all forms of forced or compulsory labour • The effective abolition of child labour • The elimination of discrimination in respect of employment and occupation

6. No. 87 No. 98 No. 111 No. 100 No. 29 No. 105 No.138 No. 182 Fundamental principles and rights at work and core Conventions • Freedom of association and collective bargaining (C.87 and C.98) • Elimination of forced labour (C.29 and C.105) • Abolition of child labour (C.138 and C.182) • Elimination of discrimination (C.100 and C.111)

7. Why are these rights fundamental? • Because they are “enabling rights” • Because they are unanimously and universally accepted • Because their realization does not depend on the level of development

8. FPRW Declaration: main features • Is a promotional tool • Is a reaffirmation of ILO constitutional principles • Recognizes reciprocal obligations (ILO and member States) • Cannot be used for protectionist purposes • Has a follow-up machinery

9. Follow-up to the FPRW Declaration: main features • Is an integral part of the Declaration • Is strictly promotional • Is not a duplicate of or a substitute for the ILO supervisory mechanisms on the application of ILS

10. Follow-up to the FPRW Declaration: three elements Technical cooperation

11. Follow-up to the FPRW Declaration: Annual Review • Countries involved  those which have not ratified one or more of the core Conventions • Focus  all categories each year • Purpose  to identify obstacles or progresses in respect of fundamental principles and rights at work  to create a baseline  to identify areas calling for technical cooperation

12. Follow-up to the FPRW Declaration: Annual Review modalities ILO Office sends report forms to member States April - May Member States prepare reports Workers’ and employers’ organizationsprepare observations May - August ILO Office must receive governments reports By September 1st ILO Office must receive workers’ and employers’ observations By September 15th ILO Office compiles the reports and observations Sept - January A group of independent Expert-advisers reviews the compiled reports and prepares an Introduction January GB discusses the compilation of reports and the Introduction March

13. Follow-up to the FPRW Declaration: Global Report • Countries involved  all member States • Focus  one of the four categories each year • Purpose  to provide a dynamic global picture on a particular topic  to serve as a basis for assessing the effectiveness of ILO assistance  to provide a basis for determining priorities for technical cooperation

14. Follow-up to the FPRW Declaration: Global Report cycle • 2000 & 2004  Freedom of association and the effective recognition of the right to collective bargaining • 2001 & 2005 The elimination of all forms of forced or compulsory • 2002 & 2006  The effective abolition of child labour • 2003 & 2007  The elimination of discrimination in respect of employment and occupation

15. Follow-up to the FPRW Declaration: Global Report sources • Annual Review, for countries which have not ratified the Conventions concerned • Information gathered through the ILO supervisory machinery (Reports of the Committee on Freedom of Association also) • Any other official information

16. Follow-up to the FPRW Declaration: Global Report modalities • It is a report of the Director-General The Director-General’s report is discussed at the ILC in plenary June The GB determines action plans for technical cooperation November

17. Follow-up to the FPRW Declaration: Role of workers’ organizations • Receive copies of government reports • Comment on government reports • Take part in the discussions at the GB and the ILC • Participate in technical cooperation activities • Are encouraged to promote the FPRW Declaration among their members and cooperate in its realization in their own counties

18. What is the added-value of the FPRW Declaration? • Is a new, complementary and promotional instrument to promote the respect of fundamental principles and rights at work • Ensures enhanced knowledge of the situation of each category of fundamental principles and rights in all member States • Strengthens ILO commitment and action for the promotion and realization of fundamental principles and rights • Is instrumental in increasing ratification of core Conventions

19. Thank you for your attention! ILS/FPR Programme e-mail: normesturin@itcilo.org