ITUC Presentation on Core Labour Standards - 2006 - Draft 1 ILO and ILS Trade Union Rights...

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ITUC Presentation on Core Labour Standards - 2006 - Draft 1 ILO and ILS Trade Union Rights PRESENTATION ON FUNDAMENTAL HUMAN RIGHTS@WORK (Core Labour Standards) (December 2006)

Transcript of ITUC Presentation on Core Labour Standards - 2006 - Draft 1 ILO and ILS Trade Union Rights...

ITUC Presentation on Core Labour Standards - 2006 - Draft

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ILO and ILS Trade Union Rights

PRESENTATION ON FUNDAMENTAL HUMAN RIGHTS@WORK

(Core Labour Standards)

(December 2006)

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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

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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)

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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

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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

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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

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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

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What are these rights?

Freedom of Association, Right to organise, Collective Bargaining

Absence of DiscriminationAbsence of Child LabourAbsence of Forced Labour

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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

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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

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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

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How does the ILO monitor respect for RATIFIED Conventions ?

1. 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

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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)

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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: [email protected] Or you can request ITUC assistance: post,

fax: +32.2.224.02.97, or: [email protected]

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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!

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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)

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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

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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

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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)

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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

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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

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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)

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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

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Committee on Freedom of Association (CFA) (4)

Procedure & processing of complaints Send complaint to ILO DG or Dept of

Standards: [email protected] 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

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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

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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

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How to write to the ILO ?

Mr. Juan Somavia, Director-GeneralInternational Labour Office,4, route des MorillonsCH - 1211 GenevaSwitzerland

Copy: 1) ILO Office in Kathmandu2) ITUC [email protected] fax: +32.2.224.02.97e-mail for ILO: Committee of Experts: [email protected] on Freedom of Association: [email protected]